(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Journal of the Senate of the General Assembly of the state of North Carolina at its .."

Digitized by the Internet Archive 
in 2013 



http://archive.org/details/journalofsenateo1974nort 



JOURNAL 

OF 

THE SENATE 

OF THE 

GENERAL ASSEMBLY 

OF THE 

STATE OF NORTH CAROLINA 



SECOND 
SESSION 1973-74 



Lithographed by 

Winston Printing Company 

Winston-Salem, N. C, U. S. A. 



OFFICERS AND MEMBERS 
OF 



THE SENATE OF NORTH CAROLINA 



1973 GENERAL ASSEMBLY 
SECOND SESSION 1974 



JAMES B. HUNT, JR., President Lucama 

GORDON P. ALLEN, President Pro Tempore Roxboro 

ROY ROWE, Principal Clerk Bnrgaw 

W. EUGENE SIMMONS, Reading Clerk Tarboro 

BROOKS W. POOLE, Sergeant at Arms Raleigh 

DISTRICT NAME OF SENATOR ADDRESS 

1 PHILIP P. GODWIN Gatesville 

J. J. HARRINGTON Lewiston 

2 D. LIVINGSTONE STALLINGS New Bern 

3 W. D. MILLS Maysville 

4 GEORGE ROUNTREE Wilmington 

5 HAROLD W. HARDISON Deep Run 

6 JULIAN R. ALLSBROOK Roanoke Rapids 

VERNON E. WHITE Winterville 

7 DALLAS L. ALFORD, JR Rocky Mount 

J. RUSSELL KIRBY Wilson 

8 THOMAS E. STRICKLAND Goldsboro 

9 WILLARD J. BLANCHARD Salemburg 

10 JOHN T. HENLEY Hope Mills 

JOE B. RAYNOR, JR Fayetteville 

11 ARTHUR W. WILLIAMSON Chadbourn 

12 LUTHER J. BRITT, JR Lumberton 

13 GORDON P. ALLEN Roxboro 

KENNETH C. ROY ALL, JR Durham 

14 BOBBY L. BARKER Raleigh 

ROBERT J. BARKER Apex 

WILLIAM W. STATON Sanf ord 

15 FRED FOLGER, JR Mt. Airy 

WESLEY D. WEBSTER Madison 

16 A. B. COLEMAN, JR Hillsborough 

WILLIAM P. SAUNDERS Southern Pines 

17 CHARLES B. DEANE, JR Rockingham 

JAMES B. GARRISON Albemarle 

18 RALPH H. SCOTT Haw River 

19 C. COOLIDGE MURROW High Point 

LYNWOOD SMITH High Point 

McNEILL SMITH. Greensboro 

20 HARRY BAGNAL Winston-Salem 

HAMILTON C. HORTON Winston-Salem 

21 MALCOLM W. BUTNER, SR Salisbury 

ROBERT VANCE SOMERS Salisbury 

22 CY N. BAHAKEL Charlotte 

EDDIE KNOX Charlotte 

HERMAN A. MOORE Charlotte 

MICHAEL P. MULLINS Charlotte 

23 J. REID POOVEY Hickory 

KENNEDY H. SHARPE Hiddenite 

24 JAMES F. HUGHES Linville 

DONALD R. KINCAID . Lenoir 

25 W. K. MAUNEY, JR Kings Mountain 

MARSHALL A. RAUCH Gastonia 

JACK L. RHYNE Belmont 

26 I. C. CRAWFORD Asheville 

LAMAR GUDGER Asheville 

27 CHARLES H. TAYLOR Brevard 

ELIZABETH ANNE WILKIE Fletcher 



1973 GENERAL ASSEMBLY 

SECOND SESSION 1974 



NINETY-EIGHTH DAY 

Senate Chamber, 
Wednesday, January 16, 1974. 

The Senate of the 1973 General Assembly — Second Session 1974 assembles 
this day in the Senate Chamber, pursuant to adjournment on May 24, 1973, 
and is called to order by Lieutenant Governor James B. Hunt, Jr. 

The following prayer is offered by the Reverend J. Marse Grant, Editor of 
the Biblical Recorder, Raleigh: 

"Our Father, 

"All of us stand in the need of prayer today. 'It's not my brother, nor my 
sister, but it's me, Oh Lord, standing in the need of prayer.' 

"Our nation stands in the need of prayer. We remember our country today 
with all the earnestness of our souls. We pray for the President and for the 
Congress and for all who face momentous decisions in this year of crisis 
for our nation. 

"We pray for the Governor and for the Lt. Governor and their families. 
We are grateful for their devotion to the principles of honesty and char- 
acter and for their sense of duty to their State and nation. 

"Most of all, Father, we as individuals stand in the need of prayer. We 
pray for the members of the General Assembly as they begin another 
session. Be with their families who sacrifice so much so they can serve here. 
We pray for their health and physical well-being and for your protection 
over them as they travel. In their work in these halls, give them patience 
and tolerance, along with courage and conviction. If there are those with 
special needs, be so close to them that they will recognize Thee as a 
Helper and Friend. 

"Our Father, these are crucial times, but may these days of challenge 
bring out the best in the members of this Body. May none of us be 
intimidated by the giants of defeatism and pessimism but may we lean 
heavily on Thee for guidance and direction in the days ahead. We depend 
so much on Thee our Father, please don't let us down. In Thy name we 
pray, Amen." 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of Thursday, May 24, 1973 has been examined 
and is found to be correct, and upon his motion the reading of the Journal 
is dispensed with and it stands approved as written. 



6 SENATE JOURNAL [Session 

The President announces that following the last legislative day Interim 
Standing Committees were appointed in accordance with Rule 37A and that 
Interim Special Committees were appointed in accordance with Rule 37F; 
further, that copies of these committees have been filed with the Principal 
Clerk, and are hereby ordered entered in today's Journal. 

1973 INTERIM STANDING COMMITTEES OF NORTH CAROLINA SENATE 
APPOINTED BY LIEUTENANT GOVERNOR JAMES B. HUNT, JR. 

Committee on Appropriations: Senators Scott, Chairman; Strickland, 
Vice Chairman; Allen, Allsbrook, Bahakel, Bobby L. Barker, Robert J. 
Barker, Blanchard, Crawford, Deane, Folger, Garrison, Gudger, Hardison, 
Henley, Horton, Hughes, Mills, Murrow, Rhyne, Rountree, Royall, M. 
Smith, Stallings, Taylor, White, Wilkie, Williamson. 

Committee on Commerce: Senators Henley, Chairman; Godwin, Saunders, 
Webster, Williamson, Vice Chairmen; Allen, Bobby L. Barker, Folger, 
Hughes, Kincaid, Kirby, Mauney, Mullins, Rhyne, Rountree, Sharpe, 
Stallings. 

Committee on Courts and Law Enforcement: Senators Knox, Chairman; 
Gudger, Vice Chairman; Bahakel, Britt, Deane, Folger, Godwin, Horton, 
Mullins, Somers, Strickland, Webster, Wilkie. 

Committee on Education and Health: Senators Strickland, Chairman; 
Alford, Raynor, Royall, Vice Chairman; Allsbrook, Bagnal, Bobby L. 
Barker, Blanchard, Butner, Deane, Knox, Mills, Poovey, Scott, L. Smith, 
M. Smith, Somers, White. 

Committee on Finance: Senators Kirby, Chairman; Rauch, Vice Chair- 
man; Alford, Bagnal, Britt, Butner, Coleman, Godwin, Harrington, Kin- 
caid, Knox, Mauney, Moore, Mullins, Poovey, Raynor, Saunders, Sharpe, 
L. Smith, Somers, Staton, Webster. 

Committee on Judiciary I: Senators Allsbrook, Chairman; Folger, Vice 
Chairman; Godwin, Gudger, Hughes, Rauch, Raynor, Rhyne, Somers, 
Staton, Taylor. 

Committee on Judiciary II: Senators Britt, Chairman; Allen, Moore, 
M. Smith, Vice Chairmen; Alford, Bagnal, Blanchard, Coleman, Deane, 
Garrison, Harrington, Kirby, Mills, Mullins, Rountree, Sharpe, Strickland. 

Committee on Natural and Economic Resources: Senators Staton, Chair- 
man; Rhyne, White, Vice Chairmen; Allen, Butner, Coleman, Hardison, 
Horton, Kincaid, Kirby, Moore, Rountree, Royall, Saunders, L. Smith, M. 
Smith, Stallings, Taylor. 

Committee on State and Local Government: Senators Rauch, Chairman; 
Garrison, Mauney, Stallings, Vice Chairmen; Bagnal, Bobby L. Barker, 
Robert J. Barker, Crawford, Hardison, Hughes, Mills, Murrow, Poovey, 
Saunders, Scott, L. Smith, Webster, Wilkie, Williamson. 



1974] SENATE JOURNAL 7 

Committee on Transportation: Senators Harrington, Chairman; Moore, 
Vice Chairman; Alford, Allsbrook, Bahakel, Robert J. Barker, Crawford, 
Garrison, Hardison, Henley, Horton, Murrow, Wilkie. 

1973 INTERIM SPECIAL COMMITTEES OF NORTH CAROLINA SENATE 
APPOINTED BY LIEUTENANT GOVERNOR JAMES B. HUNT, JR. 

Committee on Regional Councils of Governments: Senators Hardison, 
Chairman; Stallings, Vice Chairman; Alford, Bahakel, Robert J. Barker, 
Crawford, Folger, Kincaid, Webster. 

Committee on Personnel Practices: Senators Bob L. Barker, Chairman; 
Webster, Vice Chairman ; Alford, Gudger, Lynwood Smith, Blanchard, 
Butner. 

INTRODUCTION OF PRE-FILED BILLS 

The following bills, pre-filed in the interim and temporarily assigned to 
interim standing committees for study, are read the first time, and dis- 
posed of as follows: 

S. B. 956, by Senator Rountree, a bill to raise the limitation of the pre- 
ferred status of funeral expense claims in small estates. Referred to 
Committee on Judiciary No. 2. 

S. B. 957, by Senator Mills, a bill to amend Chapter 768, Session Laws 
of 1973 relating to the teaching of extension courses by community col- 
leges, technical institutes and industrial education centers. Referred 
to Committee on Education. 

S. B. 958, by Senator Rountree, a bill to establish pay scale for driver's 
license examiners paid from the "Operator's and Chauffeur's License 
Fund." Referred to Committee on Appropriations. 

S. B. 959, by Senator Strickland, a bill to control beverage container 
litter. Referred to Committee on Natural and Economic Resources. 

S. B. 960, by Senator Poovey, a bill to amend General Statute 85B-4 re- 
lating to the requirements for the issuance of a license to an auction- 
eer. Referred to Committee on Judiciary No. 2. 

S. B. 961, by Senator Rountree, a bill to amend General Statute 87-21 (d) 
to extend the date for applying for contractor's license without examina- 
tion. Referred to Committee on Judiciary No. 1. 

S. B. 962, by Senator Kincaid, a bill to make prisoners available for 
work on the public roads. Referred to Committee on Courts and 

Judicial Districts. 

S. B. 963, by Senator Bob L. Barker, a bill to amend Chapter 7A of the 
General Statutes relating to the jurisdiction and procedure applicable to 
children. Referred to Committee on Judiciary No. 2. 



8 SENATE JOURNAL [Session 

S. B. 964, by Senator Folger, a bill to amend North Carolina General 
Statute 20-279.15(2), dealing with the required minimum limits of proof 
of financial responsibility. Referred to Committee on Insurance. 

REPORTS OF INTERIM STANDING COMMITTEES 

Senator Scott for the Interim Standing Committee on Appropriations 
presents his report, the text of which appears in the Appendix. 

Senator Staton, for the Interim Standing Committee on Natural and 
Economic Resources reports as follows: 

S. B. 614 and S. B. 951, pursuant to Rule 37E(3), a voting majority of 
the Natural and Economic Resources Standing Committee in the 1973 
Session recommended the following bills be assigned to an Interim Standing 
Committee for action or study: 

S. B. 614, a bill relating to the management of the coastal area of 
North Carolina and S. B. 951, a bill relating to the management of the 
mountain area of North Carolina. These bills were so assigned to the 
Interim Standing Committee on Natural and Economic Resources by the 
President of the Senate. The Interim Standing Committee on Natural 

and Economic Resources suggests that S. B. 614 and S. B. 951 be re- 
referred to the regular standing committee on Natural and Economic 
Resources. The bills are re-referred to the regular standing com- 

mittee on Natural and Economic Resources. (The text of a statement 

by Senator Staton concerning the Interim Standing Committee report 
appears in the Appendix.) 

Senator Henley, for the Interim Standing Committee on Commerce 
reports as follows: 

S. B. 326 and S. B. 659, pursuant to Senate Rule 37E(3), a voting 
majority of the Insurance Standing Committee in the 1973 Session recom- 
mended the following bills be assigned to an Interim Standing Committee 
for action or study: 

S. B. 326, a bill to amend General Statute 58-248.9 to prevent discrimina- 
tion by age in automobile liability insurance rates and S. B. 659, a bill 
to amend Chapter 58 of the General Statutes to remove age discrimination 
in the fixing of rate classifications for automobile insurance. These 

bills were so assigned to the Interim Standing Committee on Commerce 
by the President of the Senate. The Interim Standing Committee on 

Commerce suggests that S. B. 326 and S. B. 659 be re-referred to the 
regular standing committee on Insurance. The bills are re-referred 

to the regular standing committee on Insurance. (The text of a 

statement by Senator Henley concerning the Interim Standing Committee 
report appears in the Appendix.) 

Senator Knox for the Interim Standing Committee on Courts and Law 
Enforcement presents his report, the text of which appears in the Appendix. 

Senator Strickland, for the Interim Standing Committee on Education 
and Health reports as follows: 



1974] SENATE JOURNAL 9 

S. B. 119 and S. B. 735, pursuant to Senate Rule 37E(3), a voting 
majority of the Education Standing Committee in the 1973 Session recom- 
mended the following bills be assigned to an Interim Standing Committee 
for action or study: 

S. B. 119, a bill to establish and fix the duties of the Advisory Commis- 
sion on teacher preparation and licensing and S. B. 735, a bill to establish 
a licensing board for educational personnel. These bills were so as- 

signed to the Interim Standing Committee on Health and Education by the 
President of the Senate. The Interim Standing Committee on Health 

and Education suggests that S. B. 119 and S. B. 735 be re-referred to the 
regular standing committee on Education. The bills are re-referred 

to the regular standing committee on Education. (The text of a 

statement by Senator Strickland concerning the Interim Standing Com- 
mittee report appears in the Appendix.) 

Senator Allsbrook for the Interim Standing Committee on Judiciary 
No. 1 presents his report, the text of which appears in the Appendix. 

Senator Britt, for the Interim Standing Committee on Judiciary No. 2 
reports as follows: 

S. B. 131, S. B. 207, S. B. 222, S. B. 441, S. B. 503, S. B. 532, S. B. 539, 
S. B. 556, S. B. 589, S. B. 650, S. B. 658, S. B. 704, S. B. 757, S. B. 806, 
S. B. 839, S. B. 911 and H. B. 269. 

Pursuant to Senate Rule 37E(3), a voting majority of the Judiciary 
No. 2 Standing Committee in the 1973 Session recommended the following 
bills be assigned to an Interim Standing Committee for action or study: 

S. B. 131, a bill to amend General Statute 141-6 to reflect the eastern 
boundary of the State; 

S. B. 207, a bill to amend the laws relating to pretrial criminal procedure; 

S. B. 222, a bill to revise the General Statutes relating to the adminis- 
tration of decedents' estates; 

S. B. 441, a bill to supplement the Federal Laboratory Animal Welfare 
Act (P. L. 89-544) as amended, to provide standards for the care of 
animals in animal shelters, pounds and pet shops, and to regulate dealers, 
dog wardens, and commercial kennels; 

S. B. 503, a bill to be known as the Protection of the Elderly Act; 

S. B. 532, a bill to permit the Department of Motor Vehicles to release 
vehicle registration records upon the payment of a fee; 

S. B. 539, a bill to provide for comparative negligence verdicts; 

S. B. 556, a bill to revise Article 6, Chapter 90 of the General Statutes of 
North Carolina relating to optometry; 

S. B. 589, a bill to repeal Chapter 78 of the General Statutes and to 
create a new Chapter 78 concerning securities law; 



10 SENATE JOURNAL [Session 

S. B. 650, a bill to amend General Statute 42-29, concerning service of 
process in summary ejectment cases, so as to provide for service by 
posting notice when the property involved is a residential dwelling; 

S. B. 658, a bill to provide that a husband and wife shall have equal 
rights to the possession, control, use, rent, profits and issue of an estate 
by entirety; 

S. B. 704, a bill to provide for comparative negligence judgments or 
verdicts; 

S. B. 757, a bill to repeal General Statute 14-24 regarding obtaining 
carnal knowledge of a married woman by personating her husband; 

S. B. 806, a bill eliminating sex discrimination in the committing of 
prisoners; 

S. B. 839, a bill to amend Chapter 14 of the General Statutes by adding 
a new section requiring the signing of newspaper editorials; 

S. B. 911, a bill to provide for illegitimate children to inherit pursuant 
to the Intestate Succession Act; and 

H. B. 269, a bill to amend General Statute 41-2.2 to provide for joint 
ownership, by persons in addition to husband and wife, of shares of 
corporate stock, investment securities, and funds held by brokers or 
custodians. 

These bills were so assigned to the Interim Standing Committee of 
Judiciary No. 2 by the President of the Senate. The Interim Standing 

Committee on Judiciary No. 2 suggests that S. B. 131, S. B. 207, S. B. 222, 
S. B. 441, S. B. 503, S. B. 532, S. B. 539, S. B. 556, S. B. 589, S. B. 650, 
S. B. 658, S. B. 704, S. B. 757, S. B. 806, S. B. 839, S. B. 911 and H. B. 269 
be re-referred to the regular standing committee on Judiciary No. 2. 
The bills are re-referred to the regular standing committee on Judiciary 
No. 2. 

(The text of a statement by Senator Britt concerning the Interim 
Standing Committee report appears in the Appendix.) 

Senator Rauch, for the Interim Standing Committee on State and Local 
Government reports as follows : 

S. B. 533, pursuant to Senate Rule 37E(3), a voting majority of the 
State Government Standing Committee in the 1973 Session recommended 
the following bill be assigned to an Interim Standing Committee for action 
or study: 

S. B. 533, a bill to further effectuate the reorganization of State govern- 
ment. This bill was so assigned to the Interim Standing Committee 
on State and Local Government by the President of the Senate. The 
Interim Standing Committee on State and Local Government suggests 
that S. B. 533 be re-referred to the regular standing committee on State 
Government. 



1974] SENATE JOURNAL 11 

(The text of a statement by Senator Rauch concerning the Interim 
Standing Committee report appears in the Appendix.) 

Senator Rauch, for the Interim Standing Committee on State and 
Local Government reports as follows: 

S. B. 857, pursuant to Senate Rule 37E(3), a voting majority of the 
State Policies Standing Committee in the 1973 Session recommended the 
following bill be assigned to an Interim Standing Committee for action 
or study: 

S. B. 857, a bill to create a State land policy council to develop State 
policy with respect to land use and land management for the protection 
of the environment and the conservation of the basic land resource. 
This bill was so assigned to the Interim Standing Committee on State and 
Local Government by the President of the Senate. The Interim 

Standing Committee on State and Local Government suggests that S. B. 
857 be re-referred to the regular standing committee on State Policies. 
The bill is re-referred to the regular standing committee on State 
Policies. (The text of a statement by Senator Rauch concerning the 

Interim Standing Committee report appears in the Appendix.) 

REPORTS OF INTERIM SPECIAL SENATE COMMITTEES 

Senator Hardison for the Special Senate Committee to study the role of 
Regional Councils of Governments, presents his report, the text of which 
appears in the Appendix. 

Senator Bob L. Barker for the Special Senate Committee on Personnel 
Practices presents his report. 

REPORTS OF SPECIAL STUDY COMMISSIONS 

Senator Crawford for the Crime Prevention Study Commission presents 
his report, the text of which appears in the Appendix. 

Senator Royall for the Mental Health Study Commission presents his 
report, the text of which appears in the Appendix. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

S. J. R. 965, by Senator Allen, a joint resolution inviting the Governor to 
address a joint session of the Senate and House of Representatives at 
12:00 Noon, Thursday, January 17, 1974. Upon motion of Senator 

Allen, the rules are suspended and the resolution is placed on the Calendar 
for immediate consideration. The resolution passes its second and 

third readings and, without objection, is ordered sent to the House of 
Representatives by special messenger. 

The President appoints Senators Taylor and Williamson as a committee 
on the part of the Senate to invite and escort the Governor to the Joint 



12 SENATE JOURNAL [Session 

Session tomorrow in the Hall of the House of Representatives, and a 
message is ordered sent to the House of Representatives advising that 
Honorable Body of such action. 

S. B. 966, by Senator Williamson, a bill to amend General Statute 
20-13 (e) and General Statute 20-24 (c) concerning the definition of con- 
viction. Referred to Committee on Judiciary No. 2. 

S. B. 967, by Senators Alford, Butner, White, Royall, Blanchard, Mills, 
Poovey, Scott, Strickland, Stallings and Lynwood Smith, a bill appropri- 
ating sufficient funds to the State Board of Education for the purchase of 
an additional 568 school buses to be distributed to local, county and city 
school administrative units and to provide sufficient funds for the opera- 
tion of these additional buses. Referred to Committee on Education. 

S. R. 968, by Senators Alford, Staton, White, Godwin, Hardison, Mills, 
Allen, Allsbrook, Blanchard, Webster, Kirby, Bob L. Barker, Royall, 
Strickland, Bagnal, Kincaid, Horton, Poovey, Britt, Robert J. Barker, 
Raynor, Henley, Folger, Saunders, Bahakel, Williamson, McNeill Smith, 
Stallings, Lynwood Smith and Coleman, a Senate resolution opposing 
increase or suspension in flue-cured tobacco quotas. Referred to Com- 

mittee on Agriculture. 

S. B. 969, by Senators Garrison and Deane, a bill to amend the charter 
of the Town of Marshville relating to the corporate limits. Referred to 

Committee on Local Government. 

S. B. 970, by Senator Poovey, a bill to make interest for nonpayment of 
taxes accrue not sooner than sixty days after the mailing of tax bills. 
Referred to Committee on Finance. 

S. B. 971, by Senator Somers, a bill to amend the adoption law to provide 
for adoption of a child by a natural parent without the joinder of the 
second spouse. Referred to Committee on Judiciary No. 2. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. J. R. 965, a joint resolution inviting the Governor to address a joint 
session of the Senate and House of Representatives at 12:00 Noon, 
Thursday, January 17, 1974. 

Upon motion of Senator Godwin, the Senate adjourns in memory of the 
Honorable Roger R. Jackson, former member of the General Assembly, to 
meet tomorrow at 11:45 A.M. 



1974] SENATE JOURNAL 13 

NINETY-NINTH DAY 

Senate Chamber, 
Thursday, January 17, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

S. B. 972, by Senators Staton, Allen, Butner, Hardison, Horton, Kincaid, 
Kirby, Moore, Rountree, Royall, Saunders, Lynwood Smith, McNeill Smith, 
Stallings, Taylor, White, and Deane, a bill relating to management of the 
coastal area of North Carolina. Referred to Committee on Natural 

and Economic Resources. 

S. B. 973, by Senators Staton, Allen, Butner, Hardison, Horton, Kincaid, 
Moore, Rountree, Royall, Saunders, Lynwood Smith, McNeill Smith, 
Stallings, Taylor, White, Deane, and Webster, a bill relating to management 
of the mountain area of North Carolina. Referred to Committee on 

Natural and Economic Resources. 

S. B. 974, by Senator Staton, a bill to appropriate funds to implement 
the Coastal Area Management Act of 1974. Referred to Committee 

on Natural and Economic Resources. 

S. B. 975, by Senator Staton, a bill to appropriate funds to implement 
the Mountain Area Management Act of 1974. Referred to Committee 

on Natural and Economic Resources. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Repre- 
sentatives : 

S. J. R. 965 House of Representatives 

January 16, 1974 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the 
information that pursuant to S. J. R. 965, "a joint resolution inviting the 
Governor to address a Joint Session of the Senate and House of Repre- 
sentatives at 12:00 Noon, Thursday, January 17, 1974," the Speaker has 



14 SENATE JOURNAL [Session 

appointed the following members of the House of Representatives to serve 
with a like committee of the Senate to invite, greet and escort the Governor 
to the Joint Session : 

Representative Laurence A. Cobb 

Representative Herbert L. Hyde 

Representative Howard F. Twiggs 

Respectfully, 
Jo Ann Smith 
Principal Clerk 

S. J. R. 965 House of Representatives 

January 17, 1974 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the 
information that pursuant to S. J. R. 965, "a joint resolution inviting the 
Governor to address a Joint Session of the Senate and House of Repre- 
sentatives at 12:00 Noon, Thursday, January 17, 1974," the House of 
Representatives stands ready to receive the Senate in Joint Session at the 
hour appointed. 

Respectfully, 
Jo Ann Smith 
Principal Clerk 

Upon motion of Senator Allen the Senate recesses to meet in Joint 
Session in the House of Representatives for the purpose of receiving the 
Governor's budget message; and upon his motion, upon dissolution of the 
Joint Session, the Senate stands adjourned in memory of former Congress- 
man Harold Dunbar Cooley to meet tomorrow at 10:00 A.M. 

joint session 

The Senate is received by the members of the House of Representatives 
standing, and the Joint Session is called to order by Lieutenant Governor 
James B. Hunt, Jr. 

The President recognizes Senator Taylor who presents His Excellency, 
Governor James E. Holshouser, Jr., who delivers the following address: 

"Mr. President, Mr. Speaker, Members of the General Assembly. 

"This marks the beginning of a new year — and of a new experience in 
North Carolina government. It's a beginning . . . and a continuation. For 
the first time, a Governor of this State stands before a legislature that has 
convened for a second year in succession to conduct a full order of 
business for the people of North Carolina. 

"But this is not a 'new' General Assembly, not in the traditional sense. 
This session is not a new session, but a continuation of the work we began 
a year ago. 



1974] SENATE JOURNAL 15 

"Therefore, to know where we are going this year, it is important, more 
important than ever, that we pause for a moment and reflect on where we 
have been. 

"1973 will be long remembered in North Carolina. Some people may 
remember it as a year of political change. But I believe that 1973 will be 
remembered more as a year of challenges met and opportunities realized. 

"When the last word is written about 1973, I believe it will be remembered 
first and foremost for the many things that we accomplished together — 
accomplishments of which we can justly be proud. 

"When you recessed last spring, you left an enviable record behind you. 

"1973 brought the most progressive public education program in the 
history of our State. 

"We made 1973 a landmark year for public kindergartens in North 
Carolina. 

"You established by law a maximum class size for each teacher, creating 
an atmosphere in which the student is assured that he will get the personal 
attention from his teacher that every child needs and deserves. 

"We began the task of providing our schools with $300 million for new 
school construction and renovations, and the voters of our State over- 
whelmingly completed that task in November. 

"Our contributions to public education did not stop at the high school 
level. The tremendous boost given our community college system was the 
first major change in meeting that system's capital needs since it was 
established in 1963. 

"The 1973 record of achievement was not in education alone, however. 

"We recognized that North Carolina had lagged far behind in our State 
parks, and began a major thrust to establish a system of State parks and 
green areas for all our people. 

"You approved the largest budget increase in history for mental health. 

"In the field of corrections, we made a real head start in prison reform, 
implementing a number of the recommendations made by the State Bar 
Association's special study committee. 

"These are just a few of the contributions this legislature made to our 
State's march forward in 1973 — contributions that will vitally improve 
the quality of life for the people we all serve. There were many others. 

"As a legislature, you made a great beginning in 1973 — but only a be- 
ginning. The record of this General Assembly is not yet completed. 

"You return to Raleigh facing a new set of circumstances and a situation 
clouded with uncertainties. The energy crisis holds the potential for 
having the greatest impact on our economy since World War II, and 
unfortunately, the worst problems may lie ahead. 



16 SENATE JOURNAL [Session 

"But let us not use the energy crisis as an excuse to retrench or retreat 
from our responsibilities to the people of North Carolina. 

"Rather, let us adopt as our guide the ancient Chinese symbol for 
crisis. That symbol has two parts: one representing 'danger', the other 
standing for 'opportunity'. 

"The people expect this legislature to move this year with an aware- 
ness of the potential dangers that could result from the energy crisis. 
But they also expect us to continue moving forward — to continue the 
agenda for progress that was begun in 1973. 

"The people expect us to continue this advancement because they know 
we are in a race against time. 

"People who observe politics are fond of the saying: 'After all is said 
and done, more has been said than has been done'. 

"Let not that be said of this legislature. 

"Let us make a distinction between the kind of problem that merely 
threatens our convenience and the kind of problem that challenges the 
best in us because it really does threaten the very quality and integrity 
of our life as a people. 

"Let us resist the temptation to do too little simply because we can't do 
everything. 

"There are things that cry out to be done, and they are things that we 
can do. 

"In the field of education, I urge you to continue to build on the solid 
blocks that we erected in 1973. The proposed budget submitted to you 
today shows some of the steps that we must take. 

"I urge you to adopt the second step of the kindergarten program, 
making this opportunity available to twice as many children. 

"Let us recognize that we are not meeting the needs of our exceptional 
children. These are special children who require special programs. I 
recommend to you a major expansion in special education programs at a 
cost of over $8 million. 

"I also urge you to adopt other budget proposals for our children, in- 
cluding $5.7 million to provide for a strong increase in counseling and 
health services in our schools and $1.3 million to establish a comprehensive 
child health screening and information system for pre-schoolers. 

"State government reorganization has given us a more effective tool 
with which to deal with these programs, and I urge you to give it an 
opportunity to succeed rather than attempting to create a major new 
department to deal with all the varied problems of one segment of our 
population. 

"Recognizing the increasingly important role that our community col- 
leges and technical institutes play in our educational system, let us con- 



1974] SENATE JOURNAL 17 

tinue to move forward in expanding and improving their ability to perform 
that role. We took major steps last year, and I recommend to you now 
another $10 million in capital improvement funds for these institutions. 

"If there is anything more important than a person's ability to obtain a 
quality education, it's his ability to maintain good health and to receive 
adequate medical care when he needs it. 

"It's a problem, but it presents an opportunity if we meet it with bold- 
ness, wisdom and imagination. 

"It is a complex problem, one that has several parts. In sheer numbers, 
we don't have enough doctors. Particularly, we don't have enough doctors 
in the primary care fields — family doctors. 

"But an equally important part of the problem — one that is shared by 
other states and other countries around the world — is the distribution of 
doctors. While some of our cities are able to maintain an adequate ratio 
of doctors and patients, others are having problems, and many rural areas 
are still not able to attract physicians. 

"To help solve this problem of educating more doctors and the distribution 
of doctors, an exciting proposal is being offered to the people of this 
State. This proposal gives us the opportunity of moving into the forefront 
of the nation in getting medical care to the people — not just the people in 
the cities, not just the people with a lot of money, but people all across 
North Carolina. 

"This program will spread medical education centers across the State. 
By expanding our system of Area Health Education Centers, doctors and 
related health personnel will be receiving training at numerous locations 
instead of having medical education concentrated almost totally in Win- 
ston-Salem, Durham and Chapel Hill. 

"We will have medical students, interns and residents getting a major 
part of their training at such places as Asheville, Roanoke Rapids, Char- 
lotte, Rocky Mount, Fayetteville, Tarboro, Greensboro, Wilson, Raleigh, 
Wilmington, Greenville and others. 

"Because our system of rural health clinics can be tied to these medical 
training centers, we will have, for the first time, an opportunity and a 
system to bring adequate health care to all our people. 

"Not only does this proposal make tremendous inroads into the problem 
of distribution and location of our physicians, it also deals directly with 
the problem of getting more doctors. 

"Indeed, under plans already being implemented, the number of North 
Carolinians enrolled in medical schools in this State will more than double 
during the present decade. In fact, that number of North Carolina medical 
students will rise from less than 400 to nearly 1,000 by 1980. 

"Medical residencies are still the key, however. It's been clearly shown 
that the best way to attract and hold doctors is by influencing where they 



18 SENATE JOURNAL [Session 

do their residencies — a step that comes after formal medical school work 
is completed. 

"Under this proposal, the entire State will be used to provide the clinical 
training ground that medical education requires. 

"If we want more doctors out there on the firing line, treating the 
people of the State, this proposal offers the fastest and least expensive 
way to do it. This exciting new proposal will almost double the number 
of doctors practicing in North Carolina within 16 years. 

"I urge you to adopt it, together with the recommended expansion in 
the rural health program. 

"This is a problem of health care delivery, but it's also a problem of 
medical education within our university system — a system which needs 
and deserves our support. 

"Just a little over two years ago, as our special session drew to a close, 
a legislator from Watauga County rose from his seat in this chamber and 
talked about our actions in that session, saying that something great had 
just been accomplished in higher education in North Carolina. 

"What I said then is just as true today. 

"I was never more proud of the General Assembly than I was on that 
October day in 1971 when I saw personal and sectional considerations put 
aside in statesmanship to create something truly fine for our State — a new 
governing system for higher education. 

"Those of you who were here in 1971 stood and applauded those words, 
not in tribute to the man who said them but in tribute to what they 
represented. 

"But you'll recall that I also said the real test of whether our finest 
hour would survive would come in the next General Assembly — this 
General Assembly. 

"I urge you with all of the strength I have to keep faith with our 
university system. 

"Our Board of Governors is a young body, but it is already demonstrating 
a sense of accountability and responsibility in our higher education system. 

"When you say in 1974 that you are still willing to place your con- 
fidence in that Board of Governors to operate the finest state-supported 
system of higher education in the country, you will have passed that test 
— and passed it with flying colors. 

"And I will say again that never have I been more proud of the Gen- 
eral Assembly. 

"These proposals regarding health care are extremely important, but 
they are just part of a major package designed to increase our capacity to 
meet all the health needs — mental and physical — of our people. 



1974] SENATE JOURNAL 19 

"These recommendations include over a million dollars to help build a 
much-needed burn center at North Carolina Memorial Hospital and almost 
two million dollars to improve emergency medical services. 

"This budget also includes twelve and a half million dollars in State 
matching funds which will provide a $48 million increase in Medicaid 
payments made necessary by rising costs and more eligible recipients. 

"In the area of mental health, where we know we've got to run hard to 
catch up, the package of recommendations includes $9 million to improve 
State support of community-based programs and another $3 million for 
the construction of facilities required by these local and area programs. 
I urge your support of the recommendation for an additional $5.5 million to 
add over 600 staff members in our mental institutions and to improve the 
supportive services that will enable our patients to receive better care. 

"It has become increasingly clear that the emotional strain of the time 
in which we live is taking its toll on our people. Of the North Carolinians 
who are patients in hospitals today, far too large a number of them are 
hospitalized for one form or another of mental illness. 

"One important tool in this battle is the availability of sound counseling 
services in the communities across our State. An exciting program for the 
training of counselors and for the providing of facilities at the local leVel 
is included in this budget. 

"This proposal has a tremendous potential, and I urge you to approve it. 
It does not have a large price tag, but it could very well be the most 
important money we can spend. 

"All of these health and mental health programs are designed to correct 
some of the shortcomings we find as we examine the needs of North 
Carolina. As we pause and take a hard look at ourselves and our society, 
we also see other ills that are begging for a cure. 

"It was not until recent years that we faced up to the fact that if we 
are to have the system of law, order and justice that we all want and 
need, we've got to have law enforcement officers that are adequately paid 
and properly trained. But once having recognized that need, we have 
moved surely and firmly in seeing that it is met. 

"The Criminal Justice Training and Standards Council has provided us 
with a yardstick to measure the qualifications we want in our law en- 
forcement officers. In 1973, we established a minimum salary level for 
local law enforcement officers across our State. And plans are well under 
way for the establishment of a criminal justice training center. 

"But our system of criminal justice is composed of many parts. To 
neglect any of them is to weaken the entire system. 

"More and more we've come to recognize that our correction system 
can be one of our very best tools for law and order if we give it the proper 
support, the right direction and the kind of facilities it needs. We already 



20 SENATE JOURNAL [Session 

know that almost half of our prisoners today are repeaters. They've been 
there before — maybe several times — and they're likely to return again. 

"Let us recognize that when that man or woman makes that first 
mistake, this particular crisis situation offers us not only danger, but an 
opportunity — an opportunity to do what we can to help that person 
return to society as a useful, law-abiding citizen. 

"The prison reform steps you already have taken recognize the fact 
building projects will never be all the answer in providing a sound cor- 
rections system. But obviously, facilities that allow for single-cell housing 
can play a great role in helping with the true rehabilitation of the prisoner. 
The type of situation in which he is confined can be a major factor in 
determining whether he will go back to society as a productive citizen or 
as a hardened, embittered person ready to strike again. 

"This budget recommends capital improvement appropriations of $21 
million for correctional facilities, with special emphasis being placed on 
providing single-cell medium security units. I urge your approval of this 
recommendation, as well as other funding proposals that will contribute 
to our prison reform efforts. 

"You also will be considering legislation asking you to increase the 
State Board of Paroles from three to five members. I believe that all the 
evidence presents clearly the need for a larger board, and I ask you to 
take this step. 

"Finally, if we are to have a system of criminal justice that truly serves 
our people, we must have criminal laws and procedures that are written 
and applied so that there is no question that justice is being served. 

"In recent months, we have heard and read reports indicating there has 
been possible misuse or abuse by some of our courts of the sentencing 
procedure known as 'prayer for judgment continued.' 

"I urge you to examine the appropriate statutes and to rewrite them 
to assure that this sentencing device is applied only as it was originally 
intended — as a vehicle for mercy in special cases. 

"In all that you do in this session of the General Assembly — whether 
it be in education, health or criminal justice — it is important that you 
consider not only the needs of our people today, but the legacy you will 
leave to future generations. 

"Last year, three bills related to land use planning were introduced in 
this General Assembly. Since you recessed last spring, a number of you 
have served on committees that have gone about the State, holding 
public hearings and building public support for these important proposals. 

"We have reached an important crossroads in North Carolina. One road 
leads to danger, and probably disaster. The other leads to opportunity. 
Let us seize this opportunity and move forward now with the kind of 
sound and sensible planning that will make North Carolina a model of 
'balanced growth.' 



1974] SENATE JOURNAL 21 

"Let us not be timid. Let us not have to face our grandchildren someday 
and bow our heads in shame when they ask us: 'Why didn't you do some- 
thing? . . .' 

"I urge you to move forward, too, as we did in 1973, to build a system 
of parks and green areas throughout North Carolina so that our children 
and grandchildren will have a place to go to enjoy the outdoors and the 
wonders of nature. 

"I commend to you the budget recommendations that call for an appropri- 
ation of $5 million to acquire additional land for parks and $3.6 million 
to develop and improve our present park sites. I also urge you to approve 
the Land Conservancy bill so that our State can compete in the market 
place for land suitable for parks — before that land is lost forever or 
gets a price tag that is out of reach. This bill can literally save the tax- 
payers millions of dollars. 

"We are fortunate in North Carolina — fortunate for many reasons. 
For one thing, we are fortunate that about two-thirds of our land is 
covered by forests. 

"Unfortunately, much of this forest land is failing to produce anything 
near its potential while demand for forestry products is expected to 
double by the year 2,000. 

"We should begin now to develop a set of standards that will allow 
for the most effective management of our forest lands under a variety 
of conditions and situations, within the confines of environmental pro- 
tection regulations. I ask you to establish a study commission to research 
this problem and propose effective forestry practice standards. 

"All of these things we can do. Many of them will take money, but we 
have the money to do the job. Our Advisory Budget Commission has 
worked long, hard and well, and I want to express my personal appreciation 
to the members for a job well done. 

"This is a budget that enables us to do many things. But it is also a 
budget that was drawn with proper regard for the effects the energy 
crisis may have on our economy and on State revenues. 

"Because of the energy crisis, the Advisory Budget Commission has 
estimated that tax and non-tax General Fund revenues in 1974-75 will 
increase by less than 7 per cent — the lowest in a decade. For Highway 
Fund revenues, where the impact of the energy crisis may be felt more 
strongly, an increase of only 3.18 per cent is estimated. 

"The General Fund budget prepared by the Advisory Budget Commission 
leaves only $3.6 million unappropriated. 

"As we consider the use of these funds, it is essential that we provide 
adequate financing for the Energy Office to help us cope with this con- 
tinuing problem. The mandatory fuel allocation program is requiring an 
immediate response on our part. 



22 SENATE JOURNAL [Session 

"The energy crisis is an unwanted item on our agenda, but one that 
must be given top priority in our considerations. I hope that you will move 
promptly in adopting the recommendations of your Energy Crisis Study 
Commission for emergency powers to deal with new difficulties presented 
by this crisis as they may arise. 

"As you look at the funds we know are available, I also recommend 
that you revise sick leave benefits for school teachers, placing them on the 
same sick-days-per-month basis that we give our State employees. 

"These recommendations leave unspent only a very small amount of 
the estimated available funds. As you continue your deliberations, I hope 
that some of the uncertainty is removed concerning just what impact the 
energy crisis will have on North Carolina and, in particular, our revenue 
picture. 

"If the revenue estimates do improve, however, I urge you not to retreat 
from your forward march — for there are still so many needs out there 
in front of us. 

"Keep in mind the fact that in only six states in this country do the 
state and local governments take less from the pocketbooks of their 
people to support their public school systems. Remember that the quality 
education we want for our children can never come unless we provide 
the means to attract the best teachers. 

"If the revenues are available, I urge you to provide for additional 
salary increases for teachers and State employees beyond the 5 per cent 
that is recommended, recognizing that this 5 per cent increase is not 
even meeting the rise in our cost of living over the last 12 months. 

"The need remains for a larger allocation for single-cell units in our 
prison system. 

"Funds will be needed to implement the land management proposals. 

"Keep in mind that the report of the Mental Health Study Commission 
soon will be placed in your hands, showing us how much more needs to 
be done in our mental health program. 

"It is always a political temptation in an election year to propose tax 
cuts. I urge you to resist that temptation. Don't weaken our State treasury 
at a time when the full impact of the energy crisis is yet to be felt. We 
should face the stark, cold reality that thousands of North Carolina workers 
could lose their jobs for lack of adequate fuel supplies. 

"One unfavorable ruling by one federal agency could bring disastrous 
consequences for many of our working people. If we should lose our 
fight before the Federal Power Commission regarding our natural gas 
allocations, it could result in plant shutdowns that would put over 
80,000 North Carolinians out of work. I pledge to you today that the 
Governor's office, the Utilities Commission and the Attorney General's 
office will continue to fight that battle. 



1974] SENATE JOURNAL 23 

"But that is only part of the picture. Shortages of supplies in various 
types of fuels could seriously affect our industrial capacity to operate, 
our farmers' ability to produce crops and livestock, and all the other 
segments of our economy that depend on our industrial workers' and 
farmers' ability to earn an income. 

"If any consideration is given to tax cuts — and obviously I believe that 
any such move would be unwise during this session — it should at least 
be postponed until we have some idea of how the energy crisis is affecting 
our revenue and until you have been able to examine the needs of our State. 

"This is indeed a time of uncertainty — a time of crisis. It's a time of 
danger, but also a time of opportunity. 

"I believe that when we look at the entire picture, it is one of optimism 
and hope. 

"For one thing, during the past three years, a major, historic change 
has taken place in the governmental structure of this country. 

"For the first time in the lifetimes of most of us, power has stopped 
flowing toward Washington and has begun flowing back to the state and 
local governments that are closest to the people. 

"In this concept of the 'New Federalism,' Washington is saying to us 
that we can solve our problems best at the state and local level. 

"For many years, governmental observers have been talking about the 
ineffectiveness of state and local governments. Now, we have the oppor- 
tunity — and the responsibility — to prove that we can do the job. 

"We are already moving in many areas. We are one of only three states 
that have chosen to implement the new Occupational Safety and Health 
Act rather than letting Washington do it. You will shortly have recom- 
mendations made to you to assure that North Carolina is able to continue 
to handle the Workmen's Compensation Act rather than letting this duty 
move to the federal government. 

"I am optimistic today because we have the good fortune to be in the 
Southeastern part of the United States. 

"It's been a standard policy for politicians to talk about the greatness 
of the state in which they live. Yet, because of the many areas in which 
we have fallen behind in the statistical comparisons with other parts of 
the country, I am afraid that we North Carolinians have tended sometimes 
to underestimate our potential. 

"There is no question but that there are areas in which we must do 
better. But one fact is becoming increasingly clear. As the North Carolina 
industrial and trade mission toured Europe this past year, and as we 
talked with governmental and industrial leaders in many countries, it 
became clear that international leaders believe that we live in the region 
that offers the greatest opportunity for sound development and quality 
living of any area in the entire world. 



24 SENATE JOURNAL [Session 

"That fact is recognized around the globe. The opportunity is there, if 
we will just recognize it. 

"If we will protect our assets with land management, with park develop- 
ment and with transportation planning ... If we will recognize that the 
New Federalism offers us a whole new wave of opportunities ... If we 
will refine our abilities to work with the federal government, with local 
governments and with other states surrounding us . . . We can and we 
will make North Carolina the leader of the New South and set an example 
for the country. 

"But if we are to do these things, and if we are to deal with the 
problems of today and tomorrow, effective government is an absolute 
necessity. 

"This legislature in 1969 began the long journey of state government 
reorganization. The voters of North Carolina approved the constitutional 
changes in 1970, and that vote was followed by the extensive work of the 
special study commission, the Executive Reorganization Act of 1971 and 
continued progress in 1973. 

"I urge you to finish the job of state government reorganization in this 
1974 session. 

"For several months during 1973, the Governor's Efficiency Study Com- 
mission looked hard at state government. It has given us a blueprint for 
more effective use of our tax dollars. 

"Many of these recommended changes can be adopted administratively, 
and the implementation process has already begun. A number of the 
changes recommended will require legislative approval, and we send a 
series of proposals for your consideration in the very near future. 

"The New Federalism demands that we make greater efforts than ever 
before to maintain strong ties with federal and local governments. I 
expect to announce within the next few days an expansion of our Office 
of State-Federal Relations into a new Office of Intergovernmental Relations. 

"This office will have the responsibility of working closely with national 
officials as well as leaders in local government across North Carolina. 

"This office also will have the responsibility of working with other states 
in our region, and it will include an office in Washington to maintain close 
relations with our congressional delegation as well as federal officials. 

"One of the responsibilities of the Intergovernmental Relations Office 
will be to monitor federal grants. 

"Some months ago, the State of Louisiana installed a new computerized 
system for tracking federal grants. They found that over a 28-month 
period, Louisiana had overpaid its share of federal-state matching pro- 
grams by $16 million. The result was a $16 million refund from the federal 
government. 



1974] SENATE JOURNAL 25 

"This is the kind of tracking effort we need in North Carolina. 

"I believe that this entire program represents an important step in 
North Carolina's efforts to move into the forefront of the New Federalism. 

"There is an old saying that runs like a thread through the fabric of 
this country: 'Necessity is the mother of invention.' 

"This is the spirit that has characterized the people of this State. 

"As we face our crises and opportunities, let us not whimper and accuse 
and look for scapegoats for our problems. Let us take counsel with our 
courage and our faith instead of our fears. 

"Some of you already know that the City of Asheville has a motto that 
reads: 'God, give us men to match our mountains.' 

"That's a worthy goal. But let us paraphrase it today and ask, 'God, 
give us men and women to match our needs and opportunities' — and then 
let us be such men and women." 

Upon motion of Senator Allen, the Joint Session is dissolved, and pur- 
suant to his motion heretofore made, the Senate adjourns to meet tomorrow 
at 10 A.M. 



ONE HUNDREDTH DAY 



Senate Chamber, 
Friday, January 18, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

The President grants leaves of absence to Senators Gudger, Harrington, 
Scott, and Bob L. Barker for today. 

The President recognizes the following pages for their services this 
week: Molly Millis, High Point; Dana Schroeder, Cary; Karen Little, 
Charlotte; Ann Peterson, Raleigh; Catherine Campbell, Winston-Salem; 
Reid Woodard, Burlington; Jimmy MacMillan, Greenville; John Warren, 
Raleigh; Denise Turner, Salisbury; Melanie Coats, Apex; Lynne MacDonald, 
Murphy; Barbara McKay, Beaufort; Roy Pope, Smithfield; Diane Hollowell, 
Raleigh; Danny Hines, Salisbury; Patricia Silvers, Raleigh; Lyle Vaughn, 
Cary; Taylor Smisson, Raleigh. 



26 SENATE JOURNAL [Session 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed 
of as follows: 

S. B. 976, by Senators Strickland and Scott, a bill to make appropriations 
to provide capital improvements for State institutions, departments, and 
agencies. Referred to Committee on Appropriations. 

S. B. 977, by Senators Strickland and Scott, a bill to make appropriations 
for current operations of the State departments, institutions, and agencies, 
and for other purposes. Referred to Committee on Appropriations. 

S. B. 978, by Senators Moore, Stallings, Alford, Butner, Webster, Staton, 
Royall, Mullins, Rauch, Robert J. Barker, Blanchard, Allen, Kirby, Sharpe, 
and Knox, a bill to regulate campaign contributions and expenditures. 
Referred to Committee on Election Laws. 

S. B. 979, by Senator Knox, a bill to amend G. S. 9-22 relating to the 
term of service of grand jurors. Referred to Committee on Courts and 

Judicial Districts. 

S. B. 980, by Senators Folger, Godwin, Raynor, Royall, Blanchard, and 
Allsbrook, a bill to rewrite Article 4 of Chapter 122 of the General Statutes 
concerning voluntary admissions to mental health facilities. Referred 

to Committee on Judiciary No. 1 . 

S. B. 981, by Senators Folger, Godwin, Raynor, Royall, Blanchard, and 
Allsbrook, a bill to rewrite General Statutes Chapter 122, Article 5A (in- 
voluntary commitment). Referred to Committee on Judiciary No. 1. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bill, which is read the first time and disposed of, as follows: 

H. B. 973, Committee Substitute for H. B. 973, a bill to amend Section 
105-275 of the General Statutes to exempt from taxation real property 
which is owned by a charitable organization exclusively for a public 
park. Referred to Committee on Finance. 

Upon motion of Senator Allen, the Senate adjourns to meet on Monday 
at 8:00 P.M. 



ONE HUNDRED FIRST DAY 

Senate Chamber, 
Monday, January 21, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 



1974] SENATE JOURNAL 27 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of Friday has been examined and is found to 
be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

The President grants leave of absence to Senators Folger and Godwin 
for tonight. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed 
of as follows: 

S. B. 982, by Senator Sharpe, a bill to provide for collection and publica- 
tion of agricultural information on a biennial basis. Referred to 
Committee on Agriculture. 

S. B. 983, by Senator Kirby, a bill to exempt sales of flags of the United 
States and of North Carolina from the sales and use tax. Referred to 

Committee on Finance. 

Upon motion of Senator Allen, the Senate adjourns to meet tomorrow 
at 2:30 P.M. 



ONE HUNDRED SECOND DAY 

Senate Chamber, 
Tuesday, January 22, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by the Reverend Larry Williams, College Minister, 
Meredith College, Raleigh. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Britt, for the Committee on Judiciary No. 2: 

S. B. 650, a bill to amend General Statute 42-29, concerning service of 
process in summary ejectment cases, so as to provide for service by posting 
notice when the property involved is a residential dwelling, without 
prejudice. Upon motion of Senator Britt, the bill is postponed in- 

definitely. 



28 SENATE JOURNAL [Session 

S. B. 839, a bill to amend Chapter 14 of the General Statutes by adding a 
new section requiring 1 the signing of newspaper editorials, without preju- 
dice. Upon motion of Senator Britt, the bill is postponed indefinitely. 

H. B. 1185, a bill to amend Rule 30 of the Rules of Civil Procedure to 
allow the judge, in his discretion, to shorten the time of notice required 
for the taking of a deposition, with a favorable report, as amended. 

H. B. 1187, a bill to amend Rule 37 of the Rules of Civil Procedure to 
allow the imposition of expenses, upon failure to admit pursuant to Rule 
36, without requiring the establishment of the truth of the matter in 
question by the verdict of a jury, with a favorable report, as amended. 

H. B. 1188, a bill to amend Rule 34 of the Rules of Civil Procedure to 
eliminate the clerk of court, except in proceedings pending before him, as 
an officer who can compel the production of documents, under Rule 34, 
with a favorable report, as amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

S. B. 984, by Senator Williamson, a bill to amend Chapter 221, Public- 
Local Laws of 1935, relating to primary elections for county commissioners 
in Columbus County. Referred to Committee on Election Laws. 

S. B. 985, by Senators Kirby, White, Rountree, Alford, Strickland, 
Gudger, Henley and Harrington, a bill to amend General Statute 105-275 
relative to classification of property stored for shipment to a foreign 
country. Referred to Committee on Finance. 

S. B. 986, by Senator Coleman, a bill to abolish governmental immunity 
in tort. Referred to Committee on Judiciary No. 2. 

S. B. 987, by Senator Moore, a bill to amend General Statute 105-141 (b) 
to exempt from taxation certain compensation paid to National Guards- 
men. Referred to Committee on Finance. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 122, Committee Substitute for S. B. 122, a bill to provide for the 
right of privacy of victims in cases of rape. Upon motion of Senator 

Britt, seconded by Senator Hardison, consideration of the committee sub- 
stitute bill is postponed until Tuesday, February 5. 

S. B. 962, upon motion of Senator Knox, S. B. 962, a bill to make 
prisoners available for work on the public roads, is taken from the 



1974] SENATE JOURNAL 29 

Committee on Courts and Judicial Districts and re-referred to the Com- 
mittee on Social Rehabilitation and Control and Law Enforcement. 

Upon motion of Senator Knox, the Senate adjourns in memory of sports 
commentator William Eugene ("B. J.") Jackson, to meet tomorrow at 
2:30 P.M. 



ONE HUNDRED THIRD DAY 

Senate Chamber, 
Wednesday, January 23, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 

with and it stands approved as written. 

The President grants leave of absence to Senator Bahakel for today, 
and for Thursday and Friday, January 24 and 25. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows : 

By Senator Henley, for the Committee on Insurance: 

S. B. 964, a bill to amend North Carolina General Statutes 20-279.15(2), 
dealing with the required minimum limits of proof of financial responsibility, 
with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time and disposed of, 
as follows: 

S. B. 988, by Senators Scott, Moore, Lynwood Smith, Allen, Stallings, 
Deane, Gudger, Henley, Hardison, Williamson, White, Crawford, Bob L. 
Barker, Alford, and Royall, a bill to exempt churches and religious edu- 
cational assemblies from requirement that ad valorem tax exemptions be 
applied for by owners entitled thereto. Referred to Committee on 

Finance. 

S. B. 989, by Senator Sharpe, a bill to amend the law relating to the 
purchase and sale of pen-raised quail. Referred to Committee on 

Wildlife. 



30 SENATE JOURNAL [Session 

S. B. 990, by Senators Garrison, Mills, Henley, Royall, Harrington, 
Raynor, Kirby, Webster, White, Strickland, Bob L. Barker, Bahakel, 
Allsbrook, Stallings, Alford, Williamson, Godwin, Hardison, and Wilkie, 
a bill to relieve the shortage of doctors by expanding medical education 
in North Carolina. Referred to Committee on Appropriations. 

S. B. 991, by Senators Raynor, Henley, Mills, Bahakel, Webster, Kirby, 
Knox, Britt, Gudger, Williamson, Hardison, Crawford, Harrington, Folger, 
Royall, Lynwood Smith, Alford, White, Staton, Rhyne, Deane, Strickland, 
Saunders, Bob L. Barker, Mauney, Godwin, Scott, Stallings, and Coleman, 
a bill to change the primary date to the first Saturday in May preceding 
the General Election. Referred to Committee on Election Laws. 

S. B. 992, by Senator Crawford, a bill to change the speed limits to 
comply with the Emergency Highway Energy Conservation Act. Re- 

ferred to Committee on Highway Safety. 

S. B. 993, by Senator Britt, a bill to amend Chapter 100 of the Session 
Laws of 1955, relating to the Lumberton Fireman's Pension Fund. Re- 

ferred to committee on Local Government and Regional Affairs. 

S. B. 994, by Senators Hardison, Staton, Mills, Deane, Stallings, Garrison, 
Henley, Lynwood Smith, Raynor, and Strickland, a bill to amend General 
Statute 143-215 relating to effluent standards. Referred to Committee 

on Natural and Economic Resources. 

S. B. 995, by Senator Staton, a bill to exempt bicycles with helper motors 
from the registration requirements of Chapter 20. Referred to Com- 

mittee on Judiciary No. 1. 

S. J. R. 996, by Senators Harrington and Godwin, a joint resolution 
honoring the Honorable W. H. S. Burgwyn, Sr., for thirty-seven years of 
service to the North Carolina General Court of Justice, Superior Court 
Division, Superior Court Judge. Referred to Committee on Judiciary 

No. 1. 

S. B. 997, by Senators Bob L. Barker, Staton, Garrison, Webster, William- 
son, Lynwood Smith, and Royall, a bill to amend Article 5 of Chapter 126 
of the General Statutes so as to make certain political activity of State 
employees a criminal offense. Referred to Committee on State Gov- 

ernment. 

S. B. 998, by Senators Bob L. Barker, Staton, Garrison, Webster, William- 
son, Lynwood Smith, and Royall, a bill to amend General Statute 120-19 
so as to make it a misdemeanor for State officers and agencies to refuse to 
furnish requested information to members or committees of the General 
Assembly. Referred to Committee on State Government. 

S. B. 999, by Senators Bob L. Barker, Staton, Garrison, Webster, William- 
son, Lynwood Smith, and Royall, a bill to amend General Statute 126-2 so 



1974] SENATE JOURNAL 31 

as to increase the number of members of the State Personnel Board from 
seven (7) to nine (9) members. Referred to Committee on State 

Government. 

S. B. 1000, by Senators Bob L. Barker, Staton, Garrison, Webster, Wil- 
liamson, Lynwood Smith, and Royall, a bill to make mandatory a uniform 
State employees grievance procedure plan. Referred to Committee on 

State Government. 

S. B. 1001, by Senator Williamson, a bill to authorize the Columbus 
County Board of Education to create districts for the purpose of electing 
members to the Columbus County Board of Education. Referred to 

Committee on Election Laws. 

S. B. 1002, by Senator Horton, a bill to further define the instances in 
which medical examiners may compel autopsies. Referred to Com- 

mittee on Judiciary No. 1. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

H. B. 1185, a bill to amend Rule 30 of the Rules of Civil Procedure to 
allow the judge, in his discretion, to shorten the time of notice required 
for the taking of a deposition. Upon motion of Senator Britt, the 

Committee amendment is adopted. Upon motion of Senator Britt, 

consideration of the bill, as amended, is postponed until Thursday, Jan- 
uary 24. 

H. B. 1187, a bill to amend Rule 37 of the Rules of Civil Procedure to 
allow the imposition of expenses, upon failure to admit pursuant to Rule 
36, without requiring the establishment of the truth of the matter in 
question by the verdict of a jury. Upon motion of Senator Britt, the 

Committee amendment is adopted. The bill, as amended, passes its 

second and third readings and is ordered sent to the House of Representa- 
tives for concurrence in the Senate amendment. 

H. B. 1188, a bill to amend Rule 34 of the Rules of Civil Procedure to 
eliminate the clerk of court, except in proceedings pending before him, as 
an officer who can compel the production of documents, under Rule 34. 
Upon motion of Senator Britt, the Committee amendment is adopted. 
Upon motion of Senator Allsbrook, consideration of the bill, as amended, 
is postponed until Thursday, January 24. 

Upon motion of Senator Allen, the Senate adjourns in memory of Mr. 
Bill Dixon of Belmont, to meet tomorrow at 2:30 P.M. 



32 SENATE JOURNAL [Session 

ONE HUNDRED FOURTH DAY 

Senate Chamber, 
Thursday, January 24, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Allsbrook, for the Committee on Judiciary No. 1 : 

S. B. 980, a bill to rewrite Article 4 of Chapter 122 of the General 
Statutes concerning voluntary admissions to mental health facilities, with 
a favorable report, as amended. Upon motion of Senator Allsbrook, 

the bill, as amended, is placed on today's Calendar. 

By Senator Britt, for the Committee on Judiciary No. 2 : 

S. B. 956, a bill to raise the limitation on the preferred status of funeral 
expense claims in small estates, with a favorable report. 

S. B. 971, a bill to amend the Adoption Law to provide for adoption of a 
child by a natural parent without the joinder of the second spouse, with 
a favorable report, as amended. Upon motion of Senator Britt, the 

bill, as amended, is placed on the Calendar for Tuesday, January 29. 

By Senator Stallings, for the Committee on Local Government and 
Regional Affairs: 

S. B. 490, a bill to provide for the establishment of the Kings Mountain 
Lake Authority, with an unfavorable report. 

S. B. 952, a bill to exclude the Orange County ABC System from the 
provisions of General Statute 18A-17(14), with a favorable report. 

S. B. 969, a bill to amend the charter of the Town of Marshville relating 
to the corporate limits, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

S. B. 1003, by Senator Coleman, a bill to amend General Statute 115-146 
authorizing local boards of education to prohibit the use of corporal punish- 



1974] SENATE JOURNAL 33 

ment in the schools subject to board's jurisdiction and control. Re- 

ferred to Committee on Education. 

S. B. 1004, by Senator Mullins, a bill to amend General Statute 110-119 
to dispense with reports to the solicitor unless abuse of a child has been 
found. Referred to Committee on Judiciary No. 2. 

S. B. 1005, by Senator Mullins, a bill to amend General Statute 110-117 
to include certain additional professional persons among those who are to 
report child abuse. Referred to Committee on Judiciary No, 2. 

S. B. 1006, by Senator Crawford, a bill to strike extraneous provisions 
regarding birth registration. Referred to Committee on Judiciary 

No. 2. 

S. B. 1007, by Senators Folger and Webster, a bill to designate the New 
River as a scenic river area. Referred to Committee on Natural and 

Economic Resources. 

S. B. 1008, by Senators Taylor and Wilkie, a bill to ratify, approve, 
confirm and validate all proceedings taken by the Board of Commissioners 
of the County of Jackson in connection with the authorization of two 
hundred and fifty thousand dollars ($250,000) water bonds and two hun- 
dred and fifty thousand dollars ($250,000) sanitary sewer bonds of said 
County and the calling and holding of an election thereon. Referred 

to committee on Local Government and Regional Affairs. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and dis- 
posed of as follows: 

H. B. 1387, a bill to provide that persons residing in a city administrative 
school unit shall not participate in elections for members of the Rockingham 
County Board of Education. Referred to Committee on Local Gov- 

ernment and Regional Affairs. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 964, a bill to amend North Carolina General Statute 20-279.15(2), 
dealing with the required minimum limits of proof of financial responsi- 
bility. Passes its second and third readings and is ordered sent to 
the House of Representatives. 

S. B. 980, a bill to rewrite Article 4 of Chapter 122 of the General 
Statutes concerning voluntary admissions to mental health facilities. 
Upon motion of Senator Allsbrook, the Committee amendment is adopted 
and the bill, as amended, remains on the Calendar. 

H. B. 1185, a bill to amend Rule 30 of the Rules of Civil Procedure to 
allow the judge, in his discretion, to shorten the time of notice required 



34 SENATE JOURNAL [Session 

for the taking of a deposition, as amended. Senator Gudger offers an 

amendment which is adopted. The bill, as amended, passes its second 

and third readings and is ordered sent to the House of Representatives for 
concurrence in the Senate amendments. 

H. B. 1188, a bill to amend Rule 34 of the Rules of Civil Procedure to 
eliminate the clerk of court, except in proceedings pending before him, 
as an officer who can compel the production of documents, under Rule 34, 
as amended. Upon motion of Senator Britt, consideration of the bill, 

as amended, is postponed until Friday, January 25. 

Upon motion of Senator Henley, the Senate adjourns to meet tomor- 
row at 10:00 A.M. 



ONE HUNDRED FIFTH DAY 

Senate Chamber, 
Friday, January 25, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

The President grants leaves of absence to Senators Gudger and Coleman 
for today, and to Senator Sharpe for Monday and Tuesday, January 
28 and 29. 

The President recognizes the following pages for their services in the 
Senate this week: Willie Moore, Warsaw; Catherine McCleneghan, Char- 
lotte; Madeline Casey, Charlotte; Susan Shelton, Madison; Steve Southwell, 
Kings Mountain; Susan Beaty, Madison; Allison Copeland, Charlotte; 
Elesa Sumpter, Rockingham; Lou Hunley, Monroe; Wade Arnold, Ply- 
mouth; Cynthia Slaughter, Newport; Pam Huffman, Conover; Nell Smith, 
Deep Run; Guy Knight, Rocky Mount; Susan Holmes, Raleigh; Margaret 
Melvin, Raleigh; Ellen Hawley, High Point; William L. Mowry, Charlotte; 
Ruben Cooper Blackwell IV, Roxboro; Cynthia Harrison, Chapel Hill; 
Wendell Sugg, New Bern; Valear Howsam, Raleigh; Joy Myers, Maiden. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 



1974] SENATE JOURNAL 35 

By Senator Royall, for the Committee on Public Health and Resources: 

S. B. 657, a bill to amend Article 13A of Chapter 130 of the General 
Statutes relating to sanitary standards for seasonal agricultural labor 
camps, without prejudice. Upon motion of Senator Royall, the rules 

are suspended, and the bill is placed upon the Calendar for immediate 
consideration. Upon motion of Senator Royall, the bill is postponed 

indefinitely. 

S. B. 841, a bill to transfer certain functions of the Murdoch Center 
Mental Health Training Institute to the Child Development Center at the 
University of North Carolina at Chapel Hill, without prejudice. Upon 

motion of Senator Royall, the rules are suspended, and the bill is placed 
upon the Calendar for immediate consideration. Upon motion of 

Senator Royall, the bill is postponed indefinitely. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time and disposed of, 
as follows: 

S. B. 1009, by Senators Stallings, Mills, Hardison, Britt, Bagnal, Royall, 
Garrison, Rauch, Bob L. Barker, Allsbrook, Strickland, Allen, Kirby, 
Godwin, Folger, Williamson, Harrington, and Lynwood Smith, a bill to 
exempt from ad valorem taxation real and personal property owned by 
Masonic Orders of North Carolina and their appendant organizations and 
used for Masonic purposes. Referred to Committee on Finance. 

S. B. 1010, by Senators Hardison, Mills, Garrison, Deane, Stallings, 
Royall, Coleman, Lynwood Smith, Saunders, Henley, Raynor, and Strick- 
land, a bill to amend Chapter 572 of the Session Laws of 1973 so as to 
extend the time in which law enforcement officers may transfer from other 
retirement systems to the Law Enforcement Officers' Benefit and Retire- 
ment Fund. Referred to Committee on State Government. 

S. B. 1011, by Senator Moore, a bill to provide that the State Board of 
Elections shall be an independent agency. Referred to Committee on 

State Government. 

S. B. 1012, by Senator Mauney, a bill to amend General Statute 20-80 
relating to National Guard registration plates. Referred to Com- 

mittee on Highway Safety. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and dis- 
posed of, as follows: 

H. B. 608, Committee Substitute for H. B. 608, a bill to permit revocation 
of installment basis election for income tax purposes. Referred to 

Committee on Finance. 



36 SENATE JOURNAL [Session 

H. B. 1370, a bill to authorize a special election in the Town of Enoch- 
ville to ascertain whether the town charter should be repealed. Re- 

ferred to Committee on Local Government and Regional Affairs. 

H. B. 1392, a bill to repeal the exemption for New Hanover and Pender 
Counties from the provisions of Chapter 97 of the 1969 Session Laws re- 
lating to warning flags for scuba divers. Referred to Committee on 
Local Government and Regional Affairs. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, 
as follows: 

S. B. 952, a bill to exclude the Orange County ABC System from the 
provisions of General Statute 18A-17(14). Passes its second and 

third readings and is ordered sent to the House of Representatives. 

S. B. 956, a bill to raise the limitation on the preferred status of funeral 
expense claims in small estates. Passes its second and third readings 

and is ordered sent to the House of Representatives. 

S. B. 969, a bill to amend the charter of the Town of Marshville relating 
to the corporate limits. Passes its second and third readings and is 

ordered sent to the House of Representatives. 

S. B. 980, a bill to rewrite Article 4 of Chapter 122 of the General 
Statutes concerning voluntary admissions to mental health facilities, as 
amended. The bill, as amended, passes its second and third readings 

and is ordered engrossed and sent to the House of Representatives. 

H. B. 1188, a bill to amend Rule 34 of the Rules of Civil Procedure to 
eliminate the clerk of court, except in proceedings pending before him, 
as an officer who can compel the production of documents, under Rule 34, 
as amended. Upon motion of Senator Britt, consideration of the 

bill, as amended, is postponed until Tuesday, January 29. 

Upon motion of Senator Royall, the Senate adjourns to meet on Monday 
at 8:00 P.M. 



ONE HUNDRED SIXTH DAY 

Senate Chamber, 
Monday, January 28, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Royall for the Committee on Rules and Operation of the Senate 
announces that the Journal of Friday has been examined and is found to 



1974] SENATE JOURNAL 37 

be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

The President grants leaves of absence to Senators Williamson, Harring- 
ton, Moore, Bagnal, Allen, Godwin, Staton, and Rhyne for tonight, and to 
Senator Lynwood Smith for tomorrow, January 29. 

S. B. 956, a bill to raise the limitation on the preferred status of funeral 
expense claims in small estates. Upon motion of Senator Rountree the 

order to send the bill to the House of Representatives is rescinded. 
Upon motion of Senator Rountree the vote by which the bill passed its 
third reading is reconsidered and it is placed on today's Calendar. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

H. B. 1185, an act to amend Rule 30 of the Rules of Civil Procedure to 
allow the judge, in his discretion, to shorten the time of notice required 
for the taking of a deposition. 

H. B. 1187, an act to amend Rule 37 of the Rules of Civil Procedure to 
allow the imposition of expenses, upon failure to admit pursuant to Rule 36, 
without requiring the establishment of the truth of the matter in question 
by the verdict of a jury. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

S. B. 1013, by Senators White and Royall, a bill to create a rate reporting 
and review unit for health care institutions. Referred to Committee 

on Public Health and Resources. 

S. B. 1014, by Senators White and Royall, a bill to provide for the means 
of determining reimbursements under certain health insurance policies and 
health care plan contracts. Referred to Committee on Public Health 

and Resources. 

S. B. 1015, by Senators Kirby and Mullins, a bill to amend certain 
sections of the Statutes dealing with partnerships in order to conform 
periods of limitation to those existing in the current law dealing with 
administration of decedents' estates. Referred to Committee on 

Judiciary No. 2. 

S. B. 1016, by Senators Kirby and Mullins, a bill to amend various 
sections of the General Statutes to make technical corrections. Re- 

ferred to Committee on Judiciary No. 2. 



38 SENATE JOURNAL [Session 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and dis- 
posed of as follows: 

S. B. 429, Committee Substitute No. 2 for S. B. 429, a bill to extend 
the corporate limits of the Town of Carolina Beach by a referendum of 
the people, for concurrence in the House amendment. Upon motion 

of Senator Stallings, consideration of concurrence in the House amendment 
is postponed until Wednesday, January 30. 

H. B. 721, Committee Substitute for H. B. 721, a bill to provide a credit 
against the State income taxes due by corporations, individuals, and estates 
and trusts for ad valorem taxes paid on inventories to counties and munici- 
palities; to lower the State tax rate on the incomes of individuals; to pro- 
vide an exclusion from the State income tax on the incomes of individuals 
sixty-five years of age and older. Referred to Committee on Finance. 

H. B. 1378, a bill to allow the superintendent of the Maxton City School 
Administrative Unit to reside in a county other than Robeson. Re- 

ferred to Committee on Local Government and Regional Affairs. 

H. B. 1383, a bill to permit higher bondsman fees in New Hanover 
County. Referred to Committee on Local Government and Regional 

Affairs. 

H. B. 1384, a bill to amend General Statute 115-183(1) authorizing the 
transportation on public school buses of children enrolled in a Headstart 
Program. Referred to Committee on Education. 

H. B. 1414, a bill to authorize the Columbus County Board of Education 
to create districts for the purpose of electing members to the Columbus 
County Board of Education. Referred to Committee on Local Govern- 

ment and Regional Affairs. 

H. B. 1416, a bill to increase the number of County Commissioners in 
Scotland County and to provide for their election. Referred to Com- 

mittee on Local Government and Regional Affairs. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

S. B. 956, a bill to raise the limitation on the preferred status of funeral 
expense claims in small estates, upon third reading. Upon motion of 

Senator Rountree, consideration of the bill is postponed until Tuesday, 
January 29. 

Upon motion of Senator Kirby, the Senate adjourns to meet tomorrow at 
2:30 P.M. 



1974] SENATE JOURNAL 39 

ONE HUNDRED SEVENTH DAY 

Senate Chamber, 
Tuesday, January 29, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by The Reverend James Beckwith, Rector of St. 
Michael's Episcopal Church, Raleigh. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

The President grants leave of absence to Senator Deane for today. 

H. B. 772, a bill to amend Chapter 339 of the 1957 Session Laws relating 
to the payment of per diem to members of the Harnett County Board of 
Education. Upon motion of Senator Staton, H. B. 772 is ordered 

withdrawn from the Committee on Calendar and re-referred to the Com- 
mittee on Education. 

H. B. 883, a bill to amend Chapter 93, Session Laws of 1963, the same 
being the charter of the Town of Sunset Beach, to repeal the tax rate 
limitation imposed thereby. Upon motion of Senator Williamson, 

a message is ordered sent to the House of Representatives requesting the 
return of H. B. 883 for further consideration by the Senate. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. B. 546, an act authorizing the City of Ocean Isle Beach in Brunswick 
County to establish an airport commission vested with the power of 
eminent domain and the power to issue bonds or other securities or obliga- 
tions for the purpose of providing funds for the acquisition of lands, 
construction and operation of an airport facility together with all powers 
as set out in Chapter 63 of the General Statutes of North Carolina. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Knox, for the Committee on Courts and Judicial Districts : 

S. B. 42, a bill to amend Chapter 7A to revise procedures for the removal 
of solicitors, assistant solicitors, clerks of superior court, magistrates, and 
public defenders, without prejudice. Upon motion of Senator Knox, 



40 SENATE JOURNAL [Session 

the rules are suspended, and the bill is placed upon the Calendar for im- 
mediate consideration. Upon motion of Senator Knox, the bill is 
postponed indefinitely. 

S. B. 53, a bill appropriating funds to the Administrative Office of the 
Courts for administrative assistants to solicitors, without prejudice. 
Upon motion of Senator Knox, the rules are suspended, and the bill is 
placed upon the Calendar for immediate consideration. Upon motion 

of Senator Knox, the bill is postponed indefinitely. 

S. B. 54, a bill to provide for administrative assistants for solicitors, 
without prejudice. Upon motion of Senator Knox, the rules are sus- 
pended, and the bill is placed upon the Calendar for immediate considera- 
tion. Upon motion of Senator Knox, the bill is postponed indefinitely. 

S. B. 59, a bill to authorize magistrates to perform routine clerical duties 
for clerks of superior court, without prejudice. Upon motion of 

Senator Knox, the rules are suspended, and the bill is placed upon the 
Calendar for immediate consideration. Upon motion of Senator Knox, 

the bill is postponed indefinitely. 

S. B. 61, a bill to reduce the minimum number of magistrates in certain 
counties, without prejudice. Upon motion of Senator Knox, the rules 

are suspended, and the bill is placed upon the Calendar for immediate 
consideration. Upon motion of Senator Knox, the bill is postponed 

indefinitely. 

S. B. 62, a bill to delete references to justice of the peace and constable 
and otherwise conform various sections of the General Statutes to the 
terminology and procedure of the Judicial Department Act of 1965, as 
amended, without prejudice. Upon motion of Senator Knox, the 

rules are suspended, and the bill is placed upon the Calendar for immediate 
consideration. Upon motion of Senator Knox, the bill is postponed 

indefinitely. 

S. B. 78, a bill to regulate the publication of opinions of the Court of 
Appeals, without prejudice. Upon motion of Senator Knox, the rules 

are suspended, and the bill is placed upon the Calendar for immediate 
consideration. Upon motion of Senator Knox, the bill is postponed 

indefinitely. 

S. B. 80, a bill to amend General Statute 7A-375 to provide for alternate 
and holdover members on the Judicial Standards Commission, without prej- 
udice. Upon motion of Senator Knox, the rules are suspended, and 
the bill is placed upon the Calendar for immediate consideration. 
Upon motion of Senator Knox, the bill is postponed indefinitely. 

S. B. 81, a bill to amend General Statute Chapter 153, Article 15 to 
eliminate obsolete nomenclature, without prejudice. Upon motion of 

Senator Knox, the rules are suspended, and the bill is placed upon the 
Calendar for immediate consideration. Upon motion of Senator Knox, 

the bill is postponed indefinitely. 



1974] SENATE JOURNAL 41 



S. B. 559, a bill to amend General Statute 7A-41 to provide for an ad- 
ditional assistant solicitor in various judicial districts, without prej- 
udice. Upon motion of Senator Knox, the rules are suspended, and 
the bill is placed upon the Calendar for immediate consideration. Upon 
motion of Senator Knox, the bill is postponed indefinitely. 

S. B. 979, a bill to amend General Statute 9-22 relating to the term of 
service of grand jurors, with a favorable report. 

By Senator Alford, for the Committee on Education: 

S. B. 967, a bill appropriating sufficient funds to the State Board of 
Education for the purchase of an additional 568 school buses to be dis- 
tributed to local, county and city school administrative units to provide 
sufficient funds for the operation of these additional buses, with a favor- 
able report. Upon the motion of Senator Alford, the bill is re-referred 
to the Committee on Appropriations. 

By Senator Allsbrook, for the Committee on Judiciary No. 1: 

H. B. 156, a bill to require the identification of all drugs by label, with a 
favorable report, as amended. 

By Senator Harrington, for the Committee on Transportation: 

S. B. 487, a bill to amend General Statute 20-118.2 pertaining to axle 
weight on vehicles hauling feed, with an unfavorable report. 

S. B. 695, a bill to reorganize the Department of Transportation and 
Highway Safety as it relates to highways, without prejudice. Upon 

motion of Senator Harrington, the rules are suspended, and the bill is 
placed upon the Calendar for immediate consideration. Upon motion 

of Senator Harrington, the bill is postponed indefinitely. 

S. B. 912, a bill to amend Article 3 of Chapter 20 relating to the Motor 
Vehicle Act of 1937, without prejudice. Upon motion of Senator 

Harrington, the rules are suspended, and the bill is placed upon the 
Calendar for immediate consideration. Upon motion of Senator Har- 

rington, the bill is postponed indefinitely. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time and disposed of, 
as follows: 

S. B. 1017, by Senator Kirby, a bill to amend General Statute 30-17 
relating to when children of a deceased parent are entitled to a year's 
allowance. Referred to Committee on Judiciary No. 2. 

S. B. 1018, by Senators Kirby and Mullins, a bill to make technical amend- 
ments to General Statute 55-31 (a) and (c) and General Statute 55-50(1), 
the Business Corporation Act. Referred to Committee on Judiciary 

No. 2. 



42 SENATE JOURNAL [Session 

S. B. 1019, by Senator Kirby, a bill to amend General Statute 135-1, 
relating to retirement system service credit for certain civilian employees 
of the National Guard. Referred to Committee on Veterans and 

Military Affairs. 

S. B. 1020, by Senators Mills and Hardison, a bill to provide janitorial 
services to the institutions in the community college system. Referred 

to Committee on Appropriations. 

S. B. 1021, by Senator Coleman, a bill to amend the Constitution of 
North Carolina to increase the number of Senators to sixty and to provide 
for senatorial and representative districts subject to a vote by the people 
of North Carolina. Referred to Committee on Constitution. 

S. B. 1022, by Senators Allen, Bagnal, and Royall, a bill to appropriate 
funds from the Highway Fund of the Department of Transportation for 
the National Driving Center Foundation, Inc. Referred to Com- 

mittee on Appropriations. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and dis- 
posed of, as follows: 

H. J. R. 1364, a joint resolution honoring Tanglewood Park, Inc., of 
Winston-Salem/Clemmons, North Carolina, complimenting Tanglewood 
for its selection as the host club for the Fifty-sixth PGA National Cham- 
pionship, August 5, through August 11, 1974. Referred to Committee 
on Rules and Operation of the Senate. 

H. J. R. 1406, a joint resolution honoring the life and memory of Harold 
Dunbar Cooley, former member of the United States of Representa- 
tives. Upon motion of Senator Alford, the rules are suspended, and 
the joint resolution is placed upon the Calendar for immediate considera- 
tion. Passes its second and third readings and is ordered enrolled. 

H. J. R. 1407, a joint resolution honoring the Honorable W. H. S. 
Burgwyn, Sr,, for thirty-seven years of service to the North Carolina Gen- 
eral Court of Justice, Superior Court Division, Superior Court Judge. 
Referred to Committee on Judiciary No. 1. 

H. B. 1441, a bill to confirm and validate the form of government and 
the November 6, 1973 municipal election of the Town of Bladenboro, North 
Carolina. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Repre- 
sentatives : 



1974] SENATE JOURNAL 43 

H. B. 1441 House of Representatives 

January 29, 1974 

Mr. President: 

It is ordered that a message be sent your Honorable Body requesting the 
return of House Bill 1441, "a bill to be entitled an act to confirm and 
validate the form of government and the November 6, 1973, municipal 
election of the Town of Bladenboro, N. C." for further consideration by 
the House of Representatives. 

Respectfully, 
Grace Collins 
Principal Clerk 

Upon motion of Senator Williamson, the bill is ordered returned to the 
House of Representatives for further consideration and a message is 
ordered sent to the House of Representatives informing that Honorable 
Body of such action. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of 
as follows: 

S. B. 271, a bill to authorize counties, cities and other units of local 
government to create purchase money security interests in real and personal 
property. Upon motion of Senator Stallings, consideration of the bill 

is postponed until Wednesday, January 30. 

S. B. 956, a bill to raise the limitation on the preferred status of 
funeral expense claims in small estates, upon third reading. Senator 

Gudger offers an amendment which is adopted. The bill, as amended, 

passes its third reading and is ordered engrossed and sent to the House of 
Representatives. Senator Mills requests to be recorded as voting 



S. B. 971, a bill to amend the Adoption Law to provide for adoption of a 
child by a natural parent without the joinder of the second spouse. 
Upon motion of Senator Britt, the Committee amendment is adopted. 
The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

H. B. 338, a bill to authorize counties, cities and other units of local 
government to create purchase money security interests in real and personal 
property, as amended. Upon motion of Senator Stallings, considera- 

tion of the bill, as amended, is postponed until Wednesday, January 30. 

H. B. 1188, a bill to amend Rule 34 of the Rules of Civil Procedure to 
eliminate the clerk of court, except in proceedings pending before him, as 
an officer who can compel the production of documents, under Rule 34, as 
amended. Senator Gudger offers an amendment which is adopted. 

The bill, as amended, passes its second reading. Upon objection of 



44 SENATE JOURNAL [Session 

Senator Horton to its third reading, the bill, as amended, remains upon 
the Calendar. 

Upon motion of Senator Kirby, the Senate adjourns to meet tomorrow 
at 2:30 P.M. 



ONE HUNDRED EIGHTH DAY 

Senate Chamber, 
Wednesday, January 30, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

The President grants leaves of absence to Senators Mills and Gudger 
for today. 

H. B. 1162, a bill to amend Article 12 of Chapter 130 of the General 
Statutes relating to the powers of sanitary districts and bidding pro- 
cedures. Upon motion of Senator Kirby, the bill is taken from the 
Committee on Calendar and re-referred to the Committee on Judiciary 

No. 2. 

H. B. 1241, a bill to provide for a nonpartisan election of the Polk County 
Board of Education. Upon motion of Senator Kirby, the bill is taken 

from the Committee on Calendar and re-referred to the Committee on 
Education. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

H. J. R. 1406, a joint resolution honoring the life and memory of Harold 
Dunbar Cooley, former member of the United States House of Repre- 
sentatives. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 



1974] SENATE JOURNAL 45 

By Senator Kirby, for the Committee on Finance: 

S. B. 985, a bill to amend General Statute 105-275 relative to classifica- 
tion of property stored for shipment to a foreign country, with a favorable 
report. 

By Senator Stallings, for the Committee on Local Government and 
Regional Affairs: 

H. B. 1387, a bill to provide that persons residing in a city administra- 
tive school unit shall not participate in elections for members of the 
Rockingham County Board of Education, with a favorable report. 

By Senator Staton, for the Committee on Natural and Economic Re- 
sources : 

S. B. 974, a bill to appropriate funds to implement the Coastal Area 
Management Act of 1974, with a favorable report. Upon motion of 

Senator Staton, the bill is re-referred to the Committee on Appropriations. 

S. B. 975, a bill to appropriate funds to implement the Mountain Area 
Management Act of 1974, with a favorable report. Upon motion of 

Senator Staton, the bill is re-referred to the Committee on Appropriations. 

S. B. 994, a bill to amend General Statute 143-215 relating to effluent 
standards, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed 
of as follows: 

S. B. 1023, by Senators Kirby and Alford, a bill to clarify the classifica- 
tion of special nuclear materials for ad valorem tax purposes. Re- 
ferred to Committee on Finance. 

S. B. 1024, by Senator White, a bill to change the terms of office of 
Commissioners of the Town of Winterville, to extend the term of one 
such commissioner, and to ratify and confirm the town election of 1973. 
Referred to Committee on Local Government and Regional Affairs. 

S. B. 1025, by Senator Mullins, a bill to amend General Statute 15-20 
to give law enforcement officers the power to issue citations to accused 
persons in lieu of arresting them. Referred to Committee on Judiciary 

No. 2. 

S. B. 1026, by Senator Kincaid, a bill to amend Article 7 of Chapter 130 
of the General Statutes so as to improve procedures for maintaining vital 
statistics records regarding deaths. Referred to Committee on Public 

Health and Resources. 

S. B. 1027, by Senator Coleman, a bill to authorize counties to appoint a 
warden to enforce the litter laws of North Carolina. Referred to 

Committee on Local Government and Regional Affairs. 



46 SENATE JOURNAL [Session 

S. J. R. 1028, by Senators Bahakel and Crawford, a joint resolution 
requesting Congress to repeal Daylight Savings Time during the winter 
months. Referred to Committee on State Policies. 

S. B. 1029, by Senator Staton, a bill to amend Article 13, Chapter 130 
of the North Carolina General Statutes relating to water anl sewer 
sanitation. Referred to Committee on Natural and Economic Re- 

sources. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of 
as follows: 

S. B. 271, a bill to authorize counties, cities and other units of local 
government to create purchase money security in real and personal 
property. Upon motion of Senator Stallings, consideration of the 

bill is postponed until Thursday, January 31. 

S. B. 429 Committee Substitute No. 2 for S. B. 429, a bill to extend the 
corporate limits of the Town of Carolina Beach by a referendum of the 
people, for concurrence in the House amendment. Upon motion of 

Senator Stallings, the Senate concurs in the House amendment and the 
Committee Substitute No. 2 is ordered enrolled. 

S. B. 979, a bill to amend General Statute 9-22 relating to the term of 
service of grand jury. Passes its second and third readings and is 

ordered sent to the House of Representatives. 

H. B. 156, a bill to require the identification of all drugs by label, as 
amended, upon third readng. Upon motion of Senator Allsbrook, 

the Committee amendment is adopted. The bill, as amended, passes 

its third reading and is ordered sent to the House of Representatives for 
concurrence in the Senate amendments. 

H. B. 338, a bill to authorize counties, cities and other units of local 
government to create purchase money security interests in real and per- 
sonal property, as amended. Upon motion of Senator Stallings, con- 
sideration of the bill, as amended, is postponed until Thursday, January 31. 

H. B. 1188, a bill to amend Rule 34 of the Rules of Civil Procedure tc 
eliminate the clerk of court, except in proceedings pending before him, as 
an officer who can compel the production of documents, under Rule 34, as 
amended, upon third reading. The bill, as amended, passes its third 

reading and is ordered sent to the House of Representatives for concur- 
rence in the Senate amendments. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Repre- 
sentatives. 



1974] SENATE JOURNAL 47 



H. B. 883 House of Representatives 

January 30, 1974 

Mr. President: 

Pursuant to your request, we are returning H. B. 883, "a bill to be en- 
titled an act to amend Chapter 93, Session Laws of 1963, the same being 
the charter of the Town of Sunset Beach to repeal the tax rate limitation 
imposed thereby," for your further consideration. 

Respectfully, 
Grace Collins 
Principal Clerk 

Upon motion of Senator Rountree, the vote by which the bill, as amended, 
passed its third reading is reconsidered. Upon motion of Senator 

Rountree, the vote by which the bill, as amended, passed its second reading 
is reconsidered. Upon motion of Senator Rountree, the vote by which 

the amendment offered by Senator Williamson was adopted is reconsidered 
and the amendment is withdrawn. The bill is placed on the Calendar 

for second reading by roll-call vote. The bill passes its second reading 

by roll-call vote, ayes 40, noes 0, as follows: Those voting in the 

affirmative are: Senators Alford, Allen, Allsbrook, Bagnal, Bahakel, Bob L. 
Barker, Robert J. Barker, Blanchard, Butner, Crawford, Deane, Folger, 
Garrison, Godwin, Hardison, Harrington, Henley, Horton, Kirby, Knox, 
Mauney, Mullins, Poovey, Rauch, Raynor, Rhyne, Rountree, Royall, Scott, 
Sharpe, McNeill Smith, Lynwood Smith, Stallings, Staton, Strickland, 
Taylor, Webster, White, Wilkie, Williamson — 40. The bill remains 

on the Calendar. 

Upon motion of Senator Allen, the Senate adjourns to meet tomorrow 
at 2:30 P.M. 



ONE HUNDRED NINTH DAY 

Senate Chamber, 
Thursday, January 31, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by the Reverend T. E. Roberts, Pastor of the Community 
Presbyterian Church, Lakeside, California. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 



48 SENATE JOURNAL [Session 

The President grants leaves of absence to Senators Kirby, Alford, and 
Robert J. Barker for today, and to Senator Mauney for tomorrow, Feb- 
ruary 1. 

SPECIAL REPORTS 

Senator Henley reports on the work of the Energy Crisis Study Com- 
mission. 

Senator Hardison reports on the activities of the Special Committee on 
Regionalism and upon his motion the report is ordered entered in the 
Journal. (The text of the report appears in the Appendix. — See 

action of February 7 rescinding this motion.) 

Senator Bob L. Barker presents a report of the Special Committee on 
Personnel Practices, and upon his motion the report is ordered entered in 
the Journal, as information. (The text of the report appears in the 

Appendix. — See action of February 7 rescinding this motion.) 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. B. 429, an act to extend the corporate limits of the Town of Carolina 
Beach by a referendum of the people. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Allsbrook, for the Committee on Judiciary No. 1: 

S. J. R. 996, a joint resolution honoring the Honorable W. H. S. Burgwyn, 
Sr., for thirty-seven years of service to the North Carolina General Court 
of Justice, Superior Court Division, Superior Court Judge, with a favor- 
able report. Upon motion of Senator Godwin, the rules are sus- 
pended, and the joint resolution is placed upon today's Calendar. 

H. J. R. 1407, a joint resolution honoring the Honorable W. H. S. 
Burgwyn, Sr., for thirty-seven years of service to the North Carolina 
General Court of Justice, Superior Court Division, Superior Court Judge, 
with a favorable report. Upon motion of Senator Allsbrook, the rules 

are suspended, and the joint resolution is placed upon today's Calendar. 

By Senator Britt, for the Committee on Judiciary No. 2: 

S. B. 1004, a bill to amend General Statutes 110-119 to dispense with 
reports to the solicitor unless abuse of a child has been found, with a 
favorable report, as amended. 



1974] SENATE JOURNAL 49 

S. B. 1005, a bill to amend General Statute 110-117 to include certain 
additional professional persons among those who are to report child abuse, 
with a favorable report. 

S. B„ 1015, a bill to amend certain sections of the Statutes dealing with 
partnerships in order to conform periods of limitation to those existing in 
the current law dealing with administration of decendents' estates, with 
a favorable report. 

By Senator Stallings, for the Committee on Local Government and 
Regional Affairs. 

S. B. 993, a bill to amend Chapter 100 of the Session Laws of 1955, 
relating to the Lumberton Fireman's Pension Fund, with a favorable 
report. 

S. B. 1008, a bill to ratify, approve, confirm and validate all proceedings 
taken by the Board of Commissioners of the County of Jackson in con- 
nection with the authorization of two hundred fifty thousand dollars 
($250,000) water bonds and two hundred fifty thousand dollars ($250,000) 
sanitary sewer bonds of said County and the calling and holding of an 
election thereon, with a favorable report. 

H. B. 1370, a bill to authorize a special election in the Town of Enoch- 
ville to ascertain whether the town charter should be repealed, with a 
favorable report. 

H. B. 1392, a bill to repeal the exemption of New Hanover and Pender 
Counties from the provisions of Chapter 97 of the 1969 Session Laws 
relating to warning flags for scuba divers, with a favorable report. 

H. B. 1414, a bill to authorize the Columbus County Board of Education 
to create districts for the purpose of electing members to the Columbus 
County Board of Education, with a favorable report. 

H. B. 1416, a bill to increase the number of county commissioners in 
Scotland County and to provide for their election, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed 
of as follows : 

S. B. 1030, by Senators Stallings, Allen, and Mills, a bill to appropriate 
funds to the Department of Human Resources for mosquito control. 
Referred to Committee on Appropriations. 

S. B. 1031, by Senator Staton, a bill creating emergency authority to 
operate water or sewer utility. Referred to Committee on Natural 

and Economic Resources. 

S. B. 1032, by Senator Staton, a bill restricting the abandonment of 
services by water and sewer utility systems without prior commission 
approval. Referred to Committee on Natural and Economic Resources. 



50 SENATE JOURNAL [Session 

S. B. 1033, by Senator Staton, a bill to authorize enforcement of Chapter 
62 and of the rules, regulations and orders of the Utilities Commission. 
Referred to Committee on Natural and Economic Resources. 

S. B. 1034, by Senator Staton, a bill to authorize setting of rates in 
small utility cases by less than full Commission hearing. Referred to 

Committee on Natural and Economic Resources. 

S. B. 1035, by Senator Staton, a bill establishing guidelines for estab- 
lishing charges and setting rates of water and sewer utilities. Re- 
ferred to Committee on Natural and Economic Resources. 

S. B. 1036, by Senator Folger, a bill to enlarge and extend the corporate 
limits of the Town of West Jefferson, North Carolina. Referred to 

Committee on Local Government and Regional Affairs. 

S. B. 1037, by Senators Knox, Somers, Rhyne, Raynor, Henley, Allen, 
Moore, Strickland, Mullins, Harrington, Britt, Blanchard, Godwin, Mills, 
Webster, Bahakel, Scott, Lynwood Smith, Royall, Coleman, Kincaid, Sharpe, 
Folger, Saunders, Allsbrook, and White, a bill to appropriate funds to 
child-caring institutions of the State. Referred to Committee on 

Appropriations. 

S. B. 1038, by Senator Bahakel, a bill to amend General Statute 105-60 
to excuse day-care facilities having a tax exempt status from paying the 
privilege license tax fee. Referred to Committee on Finance. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and dis- 
posed of, as follows : 

H. B. 1371, a bill to abolish the office of coroner in Onslow County. 
Referred to Committee on Local Government and Regional Affairs. 

H. B. 1400, a bill to amend Chapter 350 of the Session Laws of 1963 
to provide staggered terms of four years for members of the Hertford 
County Board of Commissioners. Referred to Committee on Local 

Government and Regional Affairs. 

H. B. 1430, a bill to amend General Statute 47-30 (k) to bring Union 
County under uniform mapping requirements. Referred to Committee 

on Local Government and Regional Affairs. 

H. B. 1445, a bill to amend the charter of the City of Raleigh relating 
to the civic center and an amendment to the Civic Center Act. Re- 

ferred to Committee on Local Government and Regional Affairs. 

H. B. 1452, a bill to amend Chapter 26 of the Private Laws of 1937 
relating to the Wilmington Firemen's Pension Fund. Referred to 

Committee on Local Government and Regional Affairs. 



1974] SENATE JOURNAL 51 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, 
as follows: 

S. B. 271, a bill to authorize counties, cities and other units of local 
government to create purchase money security interests in real and 
personal property. Upon motion of Senator Godwin, the bill is re- 

referred to the Committee on Judiciary No. 2. 

S. B. 985, a bill to amend General Statute 105-275 relative to classification 
of property stored for shipment to a foreign country, upon second read- 
ing. The bill passes its second reading by roll-call vote, ayes 42, 
noes 0, as follows: Those voting in the affirmative are: Senators 
Allen, Allsbrook, Bagnal, Bahakel, Bob L. Barker, Blanchard, Britt, Butner, 
Coleman, Crawford, Deane, Folger, Garrison, Godwin, Gudger, Hardison, 
Harrington, Henley, Horton, Kincaid, Mauney, Mills, Moore, Mullins, 
Murrow, Poovey, Raynor, Rhyne, Royall, Saunders, Sharpe, Lynwood 
Smith, McNeill Smith, Somers, Stallings, Staton, Strickland, Taylor, 
Webster, White, Wilkie, Williamson — 42. The bill remains upon the 
Calendar. 

S. B. 994, a bill to amend General Statutes 143-215 relating to effluent 
standards. Passes its second and third readings and is ordered sent 

to the House of Representatives. 

S. J. R. 996, a joint resolution honoring the Honorable W. H. S. Burgwyn, 
Sr., for thirty-seven years of service to the North Carolina General Court 
of Justice, Superior Court Division, Superior Court Judge. Upon 

motion of Senator Godwin, consideration of the joint resolution is post- 
poned indefinitely. 

H. B. 338, a bill to authorize counties, cities and other units of local 
government to create purchase money security interests in real and 
personal property, as amended. Upon motion of Senator Godwin, 

the bill, as amended, is re-referred to the Committee on Judiciary No. 2. 

H. B. 883, a bill to amend Chapter 93, Session Laws of 1963, the same 
being the charter of the Town of Sunset Beach to repeal the tax rate 
limitation imposed thereby, upon third reading. The bill passes its 

third reading by roll-call vote, ayes 44, noes 0, as follows: Those 

voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, Bahakel, 
Bob L. Barker, Blanchard, Britt, Butner, Coleman, Crawford, Deane, 
Folger, Garrison, Godwin, Gudger, Hardison, Harrington, Henley, Horton, 
Hughes, Kincaid, Mauney, Mills, Moore, Mullins, Murrow, Poovey, Raynor, 
Rhyne, Royall, Saunders, Scott, Sharpe, Lynwood Smith, McNeill Smith, 
Somers, Stallings, Staton, Strickland, Taylor, Webster, White, Wilkie, 
Williamson — 44. The bill is ordered enrolled. 

H. B. 1387, a bill to provide that persons residing in a city administrative 
school unit shall not participate in elections for members of the Rockingham 
County Board of Education. Passes its second and third readings and 

is ordered enrolled. 



52 SENATE JOURNAL [Session 

H. J. R. 1407, a joint resolution honoring the Honorable W. H. S. 
Burgwyn, Sr., for thirty-seven years of service to the North Carolina Gen- 
eral Court of Justice, Superior Court Division, Superior Court Judge. 
Passes its second and third readings and is ordered enrolled. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Repre- 
sentatives. 

H. B. 1188 House of Representatives 

January 31, 1974 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the in- 
formation that the House fails to concur in the Senate amendment #2 to 
H. B. No. 1188 (Senator Gudger's amendment) and requests conferees. 
Mr. Speaker Ramsey has appointed Representatives Blackwell, Stevens of 
Buncombe, and Twiggs on the part of the House to confer with a like 
committee appointed by the Senate to the end that the differences arising 
may be adjusted. 

Respectfully, 
Grace Collins 
Principal Clerk 

Upon motion of Senator Gudger, a conference committee is ordered. The 
President appoints Senators Gudger, Horton, and Britt as conferees on the 
part of the Senate and a message is ordered sent to the House of Repre- 
sentatives informing that Honorable Body of such action. 

Upon motion of Senator Allen, the Senate adjourns to meet tomorrow 
at 8:30 A.M. 



ONE HUNDRED TENTH DAY 

Senate Chamber, 
Friday, February 1, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Mr. Gene Simmons, Reading Clerk of the Senate. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

The President grants leaves of absence to Senators Folger, Saunders 
and Coleman for today. 



1974] SENATE JOURNAL 53 

The President recognizes the following pages for their services in the 
Senate this week: Stan Jones, Wendell; Donna Webb, Wilson; Dennis 
Branch, La Grange; Robbie Robinson, Jr., Raleigh; David Kelly, Jr., 
Charlotte; Alisa Fay Evans, Henderson; John Sanderson, Jr., Four Oaks; 
Maria Watkins, Raleigh; Jerry Samet, High Point; Cathy Warren, Selma; 
Greg May, Kinston; Michael Willis, Fayetteville ; Susan Scott, Haw River; 
Nancy Jackson, Mebane; Lew Bryan, Jr., Goldsboro; Vickie Ashley, 
Reidsville. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Allen, for the Committee on Rules and Operation of the 
Senate: 

H. J. R. 1364, a joint resolution honoring Tanglewood Park, Inc., of 
Winston-Salem/Clemmons, North Carolina, complimenting Tanglewood for 
its selection as the host club for the Ffty-sixth PGA National Champion- 
ship, August 5 through August 11, 1974, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

S. B. 1039, by Senator Scott, a bill to appropriate funds for the Snow 
Camp Historical Drama Society, Inc. Referred to Committee on 

Appropriations. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

S. B. 693, a bill to authorize municipalities by ordinance to regulate the 
use of dune buggies in certain areas, upon third reading. Upon motion 

of Senator Allen, consideration of the bill is postponed until Monday, 
February 4. 

S. B. 694, a bill to authorize counties by ordinance to regulate the use of 
dune buggies in certain areas, as amended. Upon motion of Senator 

Allen, consideration of the bill, as amended, is postponed until Monday, 
February 4. 

S. B. 985, a bill to amend General Statute 105-275 relative to classification 
of property stored for shipment to a foreign country, upon third read- 
ing. Upon motion of Senator Allen, the bill is postponed until 
Monday, February 4. 

S. B. 993, a bill to amend Chapter 100 of the Session Laws of 1955, 
relating to the Lumberton Fireman's Pension Fund, upon second read- 



54 SENATE JOURNAL [Session 

ing. Upon motion of Senator Allen, consideration of the bill is 

postponed until Monday, February 4. 

S. B. 1004, a bill to amend General Statute 110-119 to dispense with re- 
ports to the solicitor unless abuse of a child has been found. Upon 
motion of Senator Allen, consideration of the bill is postponed until Monday, 
February 4. 

S. B. 1005, a bill to amend General Statute 110-117 to include certain 
additional professional persons among those who are to report child 
abuse. Upon motion of Senator Allen, consideration of the bill is 

postponed until Monday, February 4. 

S. B. 1008, a bill to ratify, approve, confirm and validate all proceedings 
taken by the Board of Commissioners of the County of Jackson in con- 
nection with the authorization of two hundred fifty thousand dollars 
($250,000) water bonds and two hundred fifty thousand dollars ($250,000) 
sanitary sewer bonds of said County and the calling and holding of an 
election thereon, upon second reading. Upon motion of Senator Taylor, 

the bill is recommitted to the Committee on Local Government and Regional 
Affairs. 

S. B. 1015, a bill to amend certain sections of the Statutes dealing with 
partnerships in order to conform periods of limitation to those existing 
in the current law dealing with administration of decedents' estates. 
Upon motion of Senator Allen, consideration of the bill is postponed until 
Monday, February 4. 

H. B. 1370, a bill to authorize a special election in the Town of Enoch- 
ville to ascertain whether the town charter should be repealed. Upon 

motion of Senator Allen, consideration of the bill is postponed until Mon- 
day, February 4. 

H. B. 1392, a bill to repeal the exemption for New Hanover and Pender 
counties from the provisions of Chapter 97 of the 1969 Session Laws re- 
lating to warning flags for scuba divers. Upon motion of Senator 
Allen, consideration of the bill is postponed until Monday, February 4. 

H. B. 1414, a bill to authorize the Columbus County Board of Education 
to create districts for the purpose of electing members to the Columbus 
County Board of Education. Upon motion of Senator Allen, con- 

sideration of the bill is postponed until Monday, February 4. 

H. B. 1416, a bill to increase the number of county commissioners in 
Scotland County and to provide for their election. Upon motion of 

Senator Allen, consideration of the bill is postponed until Monday, Feb- 
ruary 4. 

Upon motion of Senator Allen, the Senate adjourns to meet on Monday 
at 8:00 P.M. 






1974] SENATE JOURNAL 55 

ONE HUNDRED ELEVENTH DAY 

Senate Chamber, 
Monday, February 4, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of Friday has been examined and is found to 
be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

The President grants leaves of absence to Senators Bob L. Barker, Rhyne, 
and Britt for tonight. 

The President recognizes the following pages serving in the Senate this 
week: J. Fred Pearce, Raleigh; Ann Ivey Wallace, Smithfield; Jo Ann 
Smith, Reidsville; Bridgette Chavis, Pembroke; Jackie Burgess, Pendleton; 
Bonnie Jane Edwards, Pendleton; Gwen Liles, Knightdale; Mary Kathlynn 
Mauney, Kings Mountain; David Bagnal, Winston-Salem; Beverly Pittman, 
Clayton; Diane Jefferies, Wilmington; Thomas Frank, Lexington; David 
Perry, Kannapolis; Debbie Johson, Garner; Elizabeth Ward, Plymouth; 
Paula Brady, Bayboro; Michael David Flink; Raleigh; Smith Anderson, 
High Point. 

enrolled bills 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

H. B. 156, an act to require the identification of all drugs by label. 

H. B. 883, an act to amend Chapter 93, Session Laws of 1963, the same 
being the charter of the Town of Sunset Beach to repeal the tax rate 
limitation imposed thereby. 

H. B. 1387, an act to provide that persons residing in a city administrative 
school unit shall not participate in elections for members of the Rockingham 
County Board of Education. 

H. J. R. 1407, a joint resolution honoring the Honorable W. H. S. 
Burgwyn, Sr., for thirty-seven years of service to the North Carolina Gen- 
eral Court of Justice, Superior Court Division, Superior Court Judge. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 



56 SENATE JOURNAL [Session 

By Senator Rauch, for the Committee on State Government: 

S. B. 366, a bill relating to administering the Local Governmental Em- 
ployees' Retirement Act, without prejudice. Upon motion of Senator 
Rauch, the rules are suspended, and the bill is placed on the Calendar for 
immediate consideration. Upon motion of Senator Rauch, the bill is 
postponed indefinitely. 

S. B. 367, a bill revising benefits of the Local Governmental Employees' 
Retirement System, without prejudice. Upon motion of Senator 

Rauch, the rules are suspended, and the bill is placed on the Calendar for 
immediate consideration. Upon motion of Senator Rauch, the bill is 

postponed indefinitely. 

S. B. 368, a bill revising benefits of the Teachers' and State Employees' 
Retirement System without requiring any increase in the employer con- 
tribution rate, without prejudice. Upon motion of Senator Rauch, 
the rules are suspended, and the bill is placed on the Calendar for im- 
mediate consideration. Upon motion of Senator Rauch, the bill is 
postponed indefinitely. 

S. B. 369, a bill relating to administering the Teachers' and State Em- 
ployees' Retirement System, without prejudice. Upon motion of 
Senator Rauch, the rules are suspended, and the bill is placed on the 
Calendar for immediate consideration. Upon motion of Senator Rauch, 
the bill is postponed indefinitely. 

S. B. 554, a bill providing that all appropriated drug abuse monies from 
the North Carolina General Assembly or the United States Congress be 
directed through the North Carolina Drug Authority, without preju- 
dice. Upon motion of Senator Rauch, the bill is placed on the Cal- 
endar for immediate consideration. Upon motion of Senator Rauch, 
the bill is postponed indefinitely. 

S. B. 584, a bill to amend General Statute 126-4 concerning holidays 
received by State employees, with an unfavorable report. 

S. B. 703, a bill to recall funds previously appropriated to the North 
Carolina Housing Corporation and to establish a special committee to 
study the role of this State in housing for persons and families of lower 
income and to report its findings to the General Assembly, without preju- 
dice. Upon motion of Senator Rauch, the bill is placed on the Cal- 
endar for immediate consideration. Upon motion of Senator Rauch, 
the bill is postponed indefinitely. 

H. B. 578, a bill to amend General Statute 111-1 so as to provide that 
two members of the North Carolina State Commission for the Blind be 
individuals who are blind, with an unfavorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of, 
as follows: 



1974] SENATE JOURNAL 57 

S. B. 1040, by Senator Wilkie, a bill to provide for the election of county 
commissioners in Henderson County, to create districts and to increase the 
number of county commissioners. Referred to Committee on Local 

Government and Regional Affairs. 

S. B. 1041, by Senator Butner, a bill to provide for the recognition of 
safety equipment inspection certificates issued by other jurisdictions. 
Referred to Committee on Highway Safety. 

S. B. 1042, by Senator Butner, a bill to rewrite General Statute 20-347 (b) 
pertaining to recording odometer reading by the Department of Motor 
Vehicles. Referred to Committee on Highway Safety. 

S. B. 1043, by Senator Butner, a bill to amend General Statute 20-64 
concerning refunds upon the surrender of an unexpired registration 
plate. Referred to Committee on Highway Safety. 

S. B. 1044, by Senator McNeill Smith, a bill to amend Chapter 148 of 
the General Statutes to establish an inmate grievance commission. 
Referred to Committee on Social Rehabilitation and Control and Law 
Enforcement. 

S. B. 1045, by Senator McNeill Smith, a bill to appropriate one hundred 
fifty thousand dollars ($150,000) to the Department of Social Rehabilitation 
and Control for the administration of an inmate grievance commission. 
Referred to Committee on Appropriations. 

S. B. 1046, by Senators Crawford and Gudger, a bill appropriating 
funds for the establishment of the Thomas Wolfe Memorial as a State 
historic site. Referred to Committee on Appropriations. 

S. B. 1047, by Senator Stallings, a bill to repeal Chapter 482 of the 1973 
Session Laws prohibiting the running and chasing of fox with dogs between 
January 1 and September 1 in Carteret County. Referred to Com- 

mittee on Wildlife. 

S. B. 1048, by Senator Williamson, a bill to provide for the salaries and 
travel expenses of the members of the Boards of County Commissioners, 
Education, and Social Service of Columbus County. Referred to Com- 

mittee on Local Government and Regional Affairs. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and dis- 
posed of, as follows: 

S. B. 540, a bill to amend General Statute 7A-41 to authorize an addi- 
tional resident superior court judge in various judicial districts, for con- 
currence in the House amendment. The bill is placed upon the Cal- 
endar for tomorrow, February 5, for concurrence in the House amendment. 

H. B. 1365, Committee Substitute for H. B. 1365, a bill to amend Chapter 
572 of the Session Laws of 1973 relating to the transfer of membership 



58 SENATE JOURNAL [Session 

from certain retirement systems to the Law Enforcement Officers' Benefit 
and Retirement Fund. Referred to Committee on State Government. 

H. B. 1409, a bill to amend Chapter 36, Session Laws of 1965, the same 
being the charter of the Town of Farmville, Pitt County. Referred to 
Committee on Local Government and Regional Affairs. 

H. B. 1433, a bill to designate the New River as a scenic river area. 
Referred to Committee on Natural and Economic Resources. 

B. B. 1459, a bill providing for the nomination and election of the San- 
ford-Lee County Board of Education. Referred to Committee on 

Education. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as 
follows : 

S. B. 693, a bill to authorize municipalities by ordinance to regulate the 
use of dune buggies in certain areas, as amended, upon third reading. 
The bill, as amended, passes its third reading and is ordered engrossed 
and sent to the House of Representatives. 

S. B. 694, a bill to authorize counties by ordinance to regulate the use 
of dune buggies in certain areas, as amended. Upon motion of Senator 

Staton, consideration of the bill, as amended, is postponed indefinitely. 

S. B. 985, a bill to amend General Statute 105-275 relative to classifica- 
tion of property stored for shipment to a foreign country, upon third 
reading. Upon motion of Senator Kirby, consideration of the bill is 

postponed until tomorrow, February 5. 

S. B. 993, a bill to amend Chapter 100 of the Session Laws of 1955, 
relating to the Lumberton Fireman's Pension Fund, upon second read- 
ing. The bill passes its second reading by roll-call vote, ayes 44, 
noes 0, as follows: Those voting in the affirmative are: Senators 
Alford, Allen, Allsbrook, Bagnal, Bahakel, Robert J. Barker, Blanchard, 
Butner, Coleman, Deane, Folger, Garrison, Godwin, Gudger, Hardison. 
Harrington, Henley, Horton, Hughes, Kincaid, Kirby, Mauney, Mills, 
Moore, Mullins, Poovey, Rauch, Raynor, Rountree, Royall, Saunders, Scott, 
Sharpe, Lynwood Smith, McNeill Smith, Somers, Stallings, Staton, Strick- 
land, Taylor, Webster, White, Wilkie, Williamson — 44. The bill 
remains upon the Calendar. 

S. B. 1004, a bill to amend General Statute 110-119 to dispense with 
reports to the solicitor unless abuse of a child has been found. Upon 

motion of Senator Mullins, the Committee amendment is adopted. 
The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 1005, a bill to amend General Statute 110-117 to include certain 
additional professional persons among those who are to report child 



1974] SENATE JOURNAL 59 

abuse. Passes its second and third readings and is ordered sent to 

the House of Representatives. 

S. B. 1015, a bill to amend certain sections of the Statutes dealing with 
partnerships in order to conform periods of limitation to those existing 
in the current law dealing with administration of decedents' estates. 
Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. J. R. 1364, a joint resolution honoring Tanglewood Park, Inc., of 
Winston-Salem/Clemmons, North Carolina, complimenting Tanglewood for 
its selection as the host club for the Fifty-sixth PGA National Champion- 
ship, August 5 through August 11, 1974. Passes its second and third 
readings and is ordered enrolled. 

H. B. 1370, a bill to authorize a special election in the Town of Enoch- 
ville to ascertain whether the town charter should be repealed. Passes 

its second and third readings and is ordered enrolled. 

H. B. 1392, a bill to repeal the exemption for New Hanover and Pender 
Counties from the provisions of Chapter 97 of the 1969 Session Laws re- 
lating to warning flags for scuba divers. Passes its second and third 
readings and is ordered enrolled. 

H. B. 1414, a bill to authorize the Columbus County Board of Education 
to create districts for the purpose of electing members to the Columbus 
County Board of Education. Passes its second and third readings 

and is ordered enrolled. 

H. B. 1416, a bill to increase the number of county commissioners in 
Scotland County and to provide for their election. Passes its second 

and third readings and is ordered enrolled. 

Upon motion of Senator Allen, the Senate adjourns in memory of the 
Reverend Ernest C. Durham, former chaplain of the Senate, to meet 
tomorrow at 2:30 P.M. 



ONE HUNDRED TWELFTH DAY 

Senate Chamber, 
Tuesday, February 5, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by the Reverend Arthur Herron, Associate Minister 
and Minister with Youth, First Baptist Church, Raleigh. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 



60 SENATE JOURNAL [Session 

The President grants leaves of absence to Senators Coleman and Staton 
for today. 

S. B. 35, a bill to amend General Statute 148-58 so as to require a 
prisoner serving a life sentence to serve twenty-five years before he is 
eligible for parole consideration. Upon motion of Senator Allsbrook, 

S. B. 35 is ordered taken from the Committee on Judiciary No. 1 and re- 
referred to the Committee on Social Rehabilitation and Control and Law 
Enforcement. 

H. B. 1257, a bill to amend the Natural and Scenic Rivers Act of 
1971. Upon motion of Senator Kirby, H. B. 1257 is ordered taken 

from the Committee on Calendar and re-referred to the Committee on 
Natural and Economic Resources. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

H. J. R. 1364, a joint resolution honoring Tanglewood Park, Inc., of 
Winston-Salem/Clemmons, North Carolina, complimenting Tanglewood 
for its selection as the host club for the Fifty-sixth PGA National Cham- 
pionship, August 5 through August 11, 1974. 

H. B. 1370, an act to authorize a special election in the Town of Enoch- 
ville to ascertain whether the town charter should be repealed. 

H. B. 1392, an act to repeal the exemption for New Hanover and Pender 
Counties from the provisions of Chapter 97 of the 1969 Session Laws re- 
lating to warning flags for scuba divers. 

H. B. 1414, an act to authorize the Columbus County Board of Education 
to create districts for the purpose of electing members to the Columbus 
County Board of Education. 

H. B. 1416, an act to increase the number of county commissioners in 
Scotland County and to provide for their election. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Alf ord, for the Committee on Education : 

S. B. 376, a bill to provide a reasonable limit on class size in the public 
schools of North Carolina so as to improve instruction, without preju- 
dice. Upon motion of Senator Alford, the rules are suspended, and 
the bill is placed on the Calendar for immediate consideration. Upon 
motion of Senator Alford, the bill is postponed indefinitely. 



1974] SENATE JOURNAL 61 

S. B. 451, a bill authorizing the Pender and New Hanover County 
School Administrative Units to suspend the operation of schools for the 
1972-73 school year for a period of seven days, without prejudice. 
Upon motion of Senator Alford, the rules are suspended, and the bill is 
placed on the Calendar for immediate consideration. Upon motion 

of Senator Alford, the bill is postponed indefinitely. 

S. B. 562, a bill to amend General Statute 115-142, the Teacher Employ- 
ment and Dismissal Act, in order to make it more workable and to eliminate 
ambiguities, without prejudice. Upon motion of Senator Alford, the 

rules are suspended, and the bill is placed on the Calendar for immediate 
consideration. Upon motion of Senator Alford, the bill is postponed 

indefinitely. 

S. B. 862, a bill to postpone the granting of tenure to teachers under the 
Teacher Tenure Act and to eliminate the tenuring of administrators in 
particular positions, without prejudice. Upon motion of Senator 

Alford, the rules are suspended, and the bill is placed on the Calendar for 
immediate consideration. Upon motion of Senator Alford, the bill is 

postponed indefinitely. 

H. B. 772, a bill to amend Chapter 339 of the 1957 Session Laws relating 
to the payment of per diem to members of the Harnett County Board of 
Education, with a favorable report. 

By Senator Kirby, for the Committee on Finance: 

S. B. 970, a bill to make interest for nonpayment of taxes accrue not 
sooner than sixty days after the mailing of tax bills, with an unfavorable 
report as to bill, favorable as to Committee Substitute bill. Upon 

motion of Senator Kirby, the Committee Substitute bill is placed on today's 
Calendar. 

S. B. 983, a bill to exempt sales of flags of the United States and of 
North Carolina from the sales and use tax, with a favorable report. 

H. B. 608, Committee Substitute for H. B. 608, a bill to permit revocation 
of installment basis election for income tax purposes, with a favorable re- 
port, as amended. 

By Senator Allsbrook, for the Committee on Judiciary No. 1 : 

S. B. 33, a bill to amend Chapter 14 of the General Statutes so as to 
provide a penalty of death for the placing of bombs in buildings and other 
property, with an unfavorable report, 

S. B. 34, a bill to amend General Statutes 14-39 so as to provide a 
penalty of death for kidnapping, with an unfavorable report. 

H. B. 410, Committee Substitute for H. B. 410, a bill to transfer the 
State Capitol Police from the Department of Administration to the State 
Bureau of Investigation, with an unfavorable report. 



62 SENATE JOURNAL [Session 

By Senator Britt, for the Committee on Judiciary No. 2: 

S. B. 963, a bill to amend Chapter 7A of the General Statutes relating 
to the jurisdiction and procedure applicable to children, with a favorable 
report, as amended. 

S. B. 1006, a bill to strike extraneous provisions regarding birth registra- 
tion cards, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

S. B. 1049, by Senator Allsbrook, a bill to rewrite General Statute 122-85 
concerning mentally ill convicts. Referred to Committee on Judiciary 

No. 1. 

S. B. 1050, by Senator Kincaid, a bill to authorize an additional magis- 
trate for Burke County. Referred to Committee on Local Government 
and Regional Affairs. 

S. B. 1051, by Senator Kincaid, a bill to authorize an additional magistrate 
for Caldwell County. Referred to Committee on Local Government 

and Regional Affairs. 

S. B. 1052, by Senator Mullins, a bill to make technical amendments to 
General Statutes 55-45 (a), 55-19 (a), 55-20 (b) and 55-21 (a). Re- 

ferred to Committee on Judiciary No. 2. 

S. B. 1053, by Senators Allen, Royall, Stallings, Folger, Webster, Gar- 
rison, Blanchard, Hardison, Rountree and Knox, a bill repealing present 
Article 13, Article 13A and Article 13B of Chapter 58 relating to the 
Fire Insurance Rating Bureau and Fire Insurance Rate Regulations and 
to Casualty Insurance Rating Regulation; repealing Article 25 of Chapter 
58 relating to regulation of automobile liability insurance rates; to provide 
a new and competitive method of rate regulation of fire and casualty and 
automobile liability insurance; to prevent monopoly and collusion in rate 
making. Referred to Committee on Insurance. 

S. B. 1054, by Senators Godwin, Gudger, Folger, Rountree, Strickland, 
Mullins, Harrington, Britt, Kirby, Henley, Deane, Allen, Crawford, Lyn- 
wood Smith, Royall, White, Hardison, Blanchard, Taylor, Wilkie, Garrison, 
Bob L. Barker, Mauney, Williamson, Alford and Bahakel, a bill to establish 
a uniform solicitorial retirement system. Referred to Committee on 

Appropriations. 

S. B. 1055, by Senator Rountree, a bill to amend General Statute 14-26 
so as to preclude from consideration sexual intercourse by carnal knowl- 
edge victim prior to age twelve. Referred to Committee on Judiciary 
No. 2. 

S. J. R. 1056, by Senator Bob L. Barker, a joint resolution authorizing 
a legislative commission to study the dairy industry of this State. Re- 

ferred to Committee on State Government. 



1974] SENATE JOURNAL 63 

S. B. 1057, by Senator Strickland, a bill to provide suspension of 
driver's license for non-compliance with citation for traffic offense. 
Referred to Committee on Judiciary No. 2. 

S. B. 1058, by Senator Britt, a bill to release persons or firms from 
liability for paying money to the escheat fund. Referred to Com- 

mittee on Judiciary No. 2. 

S. B. 1059, by Senators Britt and Alford, a bill to revise the North 
Carolina Anti-Obscenity Statute. Referred to Committee on Judiciary 

No. 2. 

S. B. 1060, by Senator McNeill Smith, a bill to amend General Statute 
20-109 relative to altering or changing an engine or other number. 
Referred to Committee on Highway Safety. 

S. B. 1061, by Senator McNeill Smith, a bill to amend General Statute 
20-183.2 relative to required safety equipment inspection. Referred 

to Committee on Highway Safety. 

S. B. 1062, by Senator Hughes, a bill to amend General Statute 67-13, 
relating to the payment of damages to persons or property injured by 
dogs so as to exempt Avery County from said Act. Referred to 

Committee on Local Government and Regional Affairs. 

S. B. 1063, by Senator Hughes, a bill to appropriate funds to Florence 
E. Boyd Home and Vocational School for Crippled Children in Watauga 
County. Referred to Committee on Appropriations. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of as follows: 

S. B. 541, a bill to amend General Statute 7A-133 to authorize an ad- 
ditional district court judge in various district court districts, for con- 
currence in the House amendment. Upon motion of Senator Knox, 
the Senate concurs in the House amendment and the bill, as amended, is 
ordered enrolled. 

H. B. 1367, a bill to amend General Statute 163-301 to specify the time 
municipal officials shall take office. Referred to Committee on Elec- 

tion Laws. 

H. B. 1377, a bill to amend General Statute 115-77 to provide that 
qualified voters residing in territory permanently attached to a local tax 
district or school administrative unit shall be permitted to vote in school 
board elections. Referred to Committee on Election Laws. 

H. B. 1420, a bill to amend Article 13, Chapter 130 of the North Carolina 
General Statutes relating to water and sewer sanitation. Referred to 

Committee on Natural and Economic Resources. 



64 SENATE JOURNAL [Session 

H. B. 1428, a bill to designate the State Auditor in lieu of the State In- 
surance Commissioner as Chairman of the Board of Trustees of the North 
Carolina Fireman's Pension Fund. Referred to Committee on State 

Government. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

S. B. 122, Committee Substitute for S. B. 122, a bill to provide for the 
right of privacy of victims in cases of rape, as amended, upon third read- 
ing. Senator Mills offers an amendment which is adopted. 
Senator Scott moves that the Committee Substitute bill, as amended, be 
recommitted to the Committee on Judiciary No. 2, which motion fails to 
prevail. Senator Rhyne calls for the "ayes" and "noes." Senator 
Bahakel disqualifies himself from voting upon this bill, upon the grounds 
of being a member of the news media. Senator Britt calls the prev- 
ious question, seconded by Senator Godwin. The call for the "ayes" 
and "noes" is sustained. The Committee Substitute bill, as amended, 
passes its third reading by roll-call vote, ayes 30, noes 14, as follows: 
Those voting in the affirmative are: Senators Allen, Allsbrook,' Bob L. 
Barker, Blanchard, Britt, Butner, Crawford, Deane, Folger, Garrison, 
Godwin, Gudger, Hardison, Harrington, Henley, Hughes, Kincaid, Mauney, 
Mills, Poovey, Rauch, Raynor, Saunders, Somers, Stallings, Strickland, 
Taylor, White, Wilkie, Williamson — 30. Those voting in the nega- 
tive are: Senators Alford, Bagnal, Robert J. Barker, Horton, Kirby, 
Knox, Moore, Mullins, Rhyne, Rountree, Sharpe, McNeill Smith, Lynwood 
Smith, Webster — 14. The following pair is announced; Senators 
Royall "aye", Scott "no." The Committee Substitute bill, as amended, 
is ordered engrossed and sent to the House of Representatives. 

S. B. 540, a bill to amend General Statute 7A-41 to authorize an ad- 
ditional resident superior court judge in various judicial districts, for con- 
currence in the House amendment. Senator Knox moves that the 
Senate concur in the House amendment. Senator Hardison offers a 
substitute motion that the Senate do not concur in the House amendment 
and that a conference committee be appointed, which motion prevails. 
The President appoints as a Conference Committee on the part of the 
Senate, Senators Knox, Britt and Hardison, and a message is ordered 
sent to the House of Representatives informing that Honorable Body of 
such action. 

S. B. 970, Committee Substitute for S. B. 970, a bill to require thirty days 
notice of ad valorem taxes due before interest charges are imposed. 
Upon motion of Senator Kirby, the Committee Substitute is adopted and 
remains on the Calendar. 

S. B. 985, a bill to amend General Statutes 105-275 relative to classifica- 
tion of property stored for shipment to a foreign country, upon third 
reading. Senator Kirby offers an amendment, held not to be ma- 



1974] SENATE JOURNAL 65 

terial, which is adopted. The bill, as amended, passes its third 

reading by roll-call vote, ayes 46, noes 0, as follows: Those voting 

in the affirmative are: Senators Alford, Allen, Allsbrook, Bagnal, Bahakel, 
Bob L. Barker, Robert J. Barker, Blanchard, Britt, Butner, Crawford, 
Deane, Folger, Garrison, Godwin, Gudger, Hardison, Harrington, Henley, 
Horton, Hughes, Kincaid, Kirby, Knox, Mauney, Mills, Moore, Mullins, 
Poovey, Ranch, Raynor, Rhyne, Rountree, Royall, Saunders, Scott, Sharpe, 
McNeill Smith, Lynwood Smith, Somers, Stallings, Strickland, Webster, 
White, Wilkie, Williamson — 46. The bill, as amended, is ordered 

engrossed and sent to the House of Representatives. 

S. B. 993, a bill to amend Chapter 100 of the Session Laws of 1955, 
relating to the Lumberton Fireman's Pension Fund, upon third read- 
ing. The bill passes its third reading by roll-call vote, ayes 46, noes 
0, as follows: Those voting in the affirmative are: Senators Alford, 
Allen, Allsbrook, Bagnal, Bahakel, Bob L. Barker, Robert J. Barker, Blan- 
chard, Britt, Butner, Crawford, Deane, Folger, Garrison, Godwin, Gudger, 
Hardison, Harrington, Henley, Horton, Hughes, Kincaid, Kirby, Knox, 
Mauney, Mills, Moore, Mullins, Poovey, Rauch, Raynor, Rhyne, Rountree, 
Royall, Saunders, Scott, McNeill Smith, Lynwood Smith, Somers, Stallings, 
Strickland, Taylor, Webster, White, Wilkie, Williamson — 46. The 
bill is ordered sent to the House of Representatives. 

Upon motion of Senator Allen, the Senate adjourns to meet tomorrow 
at 2:30 P.M. 



ONE HUNDRED THIRTEENTH DAY 

Senate Chamber, 
Wednesday, February 6, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Moore for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

enrolled bills 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary of 
State: 

S. B. 541, an act to amend General Statute 7A-133 to authorize an addi- 
tional district court judge in various district court districts. 



66 SENATE JOURNAL [Session 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar as follows: 

By Senator McNeill Smith, for the Committee on Highway Safety: 

S. B. 992, a bill to change the speed limits to comply with the Emergency 
Highway Energy Conservation Act, with a favorable report. 

By Senator Allsbrook, for the Committee on Judiciary No. 1. 

S. B. 981, a bill to rewrite General Statutes, Chapter 122, Article 5A 
(involuntary commitment), with an unfavorable report as to bill, favorable 
as to Committee Substitute bill, as amended in Committee. Upon 

motion of Senator Allsbrook, the Committee Substitute bill (as amended in 
Committee) is placed on today's Calendar. 

By Senator Garrison, for the Committee on State Policies: 

S. J. R. 1028, a joint resolution requesting Congress to repeal Daylight 
Savings Time during the winter months, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of, 
as follows : 

S. B. 1064, by Senators Wilkie, Mills, and Robert J. Barker, a bill to 
authorize the location of garbage collection containers by municipalities 
and counties on the State highway system rights-of-way. Referred to 

Committee on Transportation. 

S. B. 1065, by Senators Bagnal and Horton, a bill appropriating funds 
to the Mac Wood School. Referred to Committee on Appropriations. 

S. B. 1066, by Senators Taylor and Lynwood Smith, a bill to change the 
name of the Commission for Medical Facility Services and Licensure to the 
North Carolina Medical Care Commission. Referred to Committee on 

Public Health and Resources. 

S. B. 1067, by Senator Deane, a bill to raise the liability limits for tort 
claims of State departments, institutions and agencies from twenty thousand 
dollars ($20,000) to fifty thousand dollars ($50,000). Referred to 

Committee on Judiciary No. 2. 

S. B. 1068, by Senator Deane, a bill to amend General Statute 108-73 so 
as to exempt charitable operating orphanages from North Carolina licensing 
requirements. Referred to Committee on Judiciary No. 2. 

S. B. 1069, by Senators Moore, Bahakel, Knox, and Mullins, a bill to 
amend Chapter 754, 1971 Session Laws relative to the time persons elected 
to the Charlotte-Mecklenburg Board of Education shall take office. 
Referred to Committee on Local Government and Regional Affairs. 



1974] SENATE JOURNAL 67 

S. B. 1070, by Senators McNeill Smith, Webster, Horton, Allen, Folger, 
Lynwood Smith, Stallings, Williamson, Rountree, Royall, Deane, Mills, 
Britt, and Bahakel, a bill appropriating funds for the Eastern Music 
Festival. Referred to Committee on Appropriations. 

S. B. 1071, by Senators McNeill Smith and Lynwood Smith, a bill to 
provide for multi-year motor vehicle registration plates. Referred to 

Committee on Appropriations. 

S. B. 1072, by Senator Scott, a bill to expand the medical education pro- 
gram at East Carolina School of Medicine. Referred to Committee on 
Appropriations. 

S. J. R. 1073, by Senators Strickland, Staton, Mills, Harrington, Allen, 
Hardison, Scott, Crawford, Garrison, Henley, Mullins, Royall, Poovey, 
Rountree, Kincaid, McNeill Smith, Lynwood Smith, and Rauch, a joint 
resolution creating a commission for the study of solid waste recycling. 
Referred to Committee on Natural and Economic Resources. 

S. B. 1074, by Senators Staton and Bob L. Barker, a bill to authorize the 
City of Sanford to expend non-tax funds for the celebration of its one 
hundredth anniversary through a non-profit corporation. Referred to 

Committee on Local Government and Regional Affairs. 

S. B. 1075, by Senators Bahakel, Knox, Moore, and Mullins, a bill to 
authorize the Alcoholic Beverage Control Board of Mecklenburg County to 
trade a parcel of land to straighten out a property line. Referred to 

Committee on Local Government and Regional Affairs. 

S. B. 1076, by Senators Lynwood Smith, Butner, Somers, and McNeill 
Smith, a bill to appropriate fifty thousand dollars ($50,000) to the Junior 
Order Children's Home. Referred to Committee on Appropriations. 

S. B. 1077, by Senators Moore, Bahakel, Knox, and Mullins, a bill to 
amend Chapter 713 of the Session Laws of 1965, as amended, being the 
charter of the City of Charlotte, relating to the organizational meeting of 
city council. Referred to Committee on Local Government and Regional 

Affairs. 

S. B. 1078, by Senators Lynwood Smith, McNeill Smith, and Allen, a bill 
to amend General Statute 20-316 concerning departmental hearings upon 
lapse of liability insurance coverage. Referred to Committee on High- 

way Safety. 

S. B. 1079, by Senator Poovey, a bill to amend General Statute 20-85 to 
increase the fee for a duplicate or corrected certificate of title from one 
dollar ($1.00) to five dollars ($5.00). Referred to Committee on 

Finance. 



68 SENATE JOURNAL [Session 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives: 

S. B. 540 House of Representatives 

February 6, 1974 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur 
in House amendment to Senate Bill 540, "a bill to be entitled an act to amend 
G. S. 7A-41 to authorize an additional resident superior court judge in 
various judicial districts," the Speaker has appointed as conferees on the 
part of the House, Representatives Johnson of Wake, Rountree, and 
Watkins to act with a like committee on the part of the Senate to the end 
that the differences existing between the two bodies may be adjusted. 

Respectfully, 
Grace Collins 
Principal Clerk 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and disposed 
of, as follows: 

S. B. 144, a bill to provide for the taxation of the real and personal 
property of hospital, medical and dental service corporations, for concur- 
rence in the House amendments. Upon motion of Senator Webster, 
the Senate concurs in the House amendments and the bill, as amended, is 
ordered enrolled. 

H. B. 1410, a bill to authorize counties to levy taxes on property for 
armory construction. Referred to Committee on Finance. 

H. B. 1436, a bill to strike extraneous provisions regarding birth registra- 
tion cards. Referred to Committee on Judiciary No. 2. 

H. B. 1469, a bill to amend Chapter 90 of the General Statutes of North 
Carolina to provide opportunity for advanced placement in educational 
programs in nursing, practical nursing, and dental hygiene for military 
medics and others. Referred to Committee on Public Health and 

Resources. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as 
follows : 

S. B. 963, a bill to amend Chapter 7A of the General Statutes relating 
to the jurisdiction and procedure applicable to children. Upon motion 



1974] SENATE JOURNAL 69 

of Senator Crawford, Committee Amendment No. 1 is adopted. Upon 

motion of Senator Deane, Committee Amendment No. 2 is adopted. 
The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 970, Committee Substitute for S. B. 970, a bill to require thirty 
days notice of ad valorem taxes due before interest charges are im- 
posed. Passes its second and third readings and is ordered sent to 
the House of Representatives. 

S. B. 981, Committee Substitute for S. B. 981, a bill to rewrite General 
Statutes Chapter 122, Article 5 A (Involuntary Commitment). Upon 

motion of Senator Allsbrook, the Committee Substitute bill (as amended 
in Committee) is adopted. Upon motion of Senator Allsbrook, five 

hundred (500) copies of the Committee Substitute bill are ordered 
printed. Upon motion of Senator Allsbrook consideration of the Com- 

mittee Substitute bill (as amended in Committee) is postponed until 
Wednesday, February 13, and is made Special Order No. 1 of the day. 

S. B. 983, a bill to exempt sales of flags of the United States and of 
North Carolina from the sales and use tax. Passes its second and 

third readings and is ordered sent to the House of Representatives. 

S. B. 1006, a bill to strike extraneous provisions regarding birth regis- 
tration cards. Upon motion of Senator Crawford, consideration of the 
bill is postponed until Thursday, February 7. 

H. B. 608, Committee Substitute for H. B. 608, a bill to permit revocation 
of installment basis election for income tax purposes. Upon motion of 

Senator Moore, the Committee amendment is adopted. The Committee 

Substitute bill, as amended, passes its second and third readings and is 
ordered sent to the House of Representatives for concurrence in the Senate 
amendment. 

H. B. 772, a bill to amend Chapter 339 of the 1957 Session Laws relating 
to the payment of per diem to members of the Harnett County Board of 
Education. Upon motion of Senator Staton, consideration of the bill 

is postponed until Tuesday, February 12. 

Upon motion of Senator Bob L. Barker, the vote by which the report 
of the Special Committee on Personnel Practices was ordered included in 
the Journal is reconsidered. Senator Bob L. Barker moves that only 

pages 1 through 22 of the Report of the Special Committee on Personnel 
Practices be included in the Journal. Senator Blanchard offers a 

substitute motion that consideration of the matter of the Report of the 
Special Committee on Personnel Practices be postponed until tomorrow, 
February 7, which motion prevails. 

Upon motion of Senator White, the Senate adjourns to meet tomorrow at 
2:30 P.M. 



70 SENATE JOURNAL [Session 

ONE HUNDRED FOURTEENTH DAY 

Senate Chamber, 
Thursday, February 7, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

The President grants leaves of absence to Senator Somers for today and 
tomorrow, and to Senator Moore for tomorrow, February 8. 

S. B. 984, a bill to amend Chapter 221, Public-Local Laws of 1935, 
relating to primary elections for county commissioners in Columbus 
County. Upon motion of Senator Moore, S. B. 984 is taken from the 

Committee on Election Laws and re-referred to the Committee on Local 
Government and Regional Affairs. 

H. B. 772, a bill to amend Chapter 339 of the 1957 Session Laws relating 
to the payment of per diem to members of the Harnett County Board of 
Education. Upon motion of Senator Staton, H. B. 772 is taken from 

the Calendar for Tuesday, February 12 and recommitted to the Committee 
on Education. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. B. 144, an act to provide for the taxation of the real and personal 
property of hospital, medical, and dental service corporations. 

S. B. 709, an act to amend General Statute 41-2.1 (b)(4) to make its 
provisions consistent with General Statute 28-68. 

S. B. 917, an act to provide for partisan elections in the City of Charlotte. 

REPORTS OF COMMITTEES 

.Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Alford, for the Committee on Education: 

H. B. 1241, Committee Substitute for H. B. 1241, a bill to provide for a 
nonpartisan election of the Polk County Board of Education, with a favor- 
able report. 



1974] SENATE JOURNAL 71 

H. B. 1459, a bill providing for the nomination and election of the Sanford- 
Lee County Board of Education, with a favorable report. 

By Senator McNeill Smith, for the Committee on Highway Safety: 

S. B. 619, a bill to limit the raising or lowering of the front or rear end 
of passenger vehicles, with an unfavorable report as to bill, favorable as 
to Committee Substitute bill. Upon motion of Senator McNeill Smith, 

the Committee Substitute bill is placed on today's Calendar. 

By Senator Allsbrook, for the Committee on Judiciary No. 1 : 

H. B. 1035, a bill to amend General Statute 90-89 (a) by adding the 
controlled substance propiram, with a favorable report. 

By Senator Britt, for the Committee on Judiciary No. 2: 

S. B. 658, a bill to provide that a husband and wife shall have equal 
rights to the possession, control, use, rent, profits and issue of an estate by 
entirety, with a favorable report, as amended. 

S. B. 1018, a bill to make technical amendments to General Statute 
55-31 (a) and (c) and General Statute 55-50(1), the Business Corporation 
Act, with a favorable report. 

H. B. 1162, a bill to amend Article 12 of Chapter 130 of the General 
Statutes relating to the powers of sanitary districts and bidding procedures, 
with a favorable report. 

H. B. 1436, a bill to strike extraneous provisions regarding birth regis- 
tration cards, with a favorable report. Upon motion of Senator Britt, 
the rules are suspended, and the bill is placed on today's Calendar. 

By Senator Stallings, for the Committee on Local Government and Re- 
gional Affairs: 

S. B. 1024, a bill to change the terms of office of commissioners of the 
Town of Winterville, to extend the term of one such commissioner, and to 
ratify and confirm the town election of 1973, with a favorable report. 

S. B. 1048, a bill to provide for the salaries and travel expenses of the 
members of the Boards of County Commissioners, Education, and Social 
Services of Columbus County, with a favorable report. 

H. B. 1371, a bill to abolish the office of coroner in Onslow County, with 
an unfavorable report as to bill, favorable as to Senate Committee Substi- 
tute bill. Upon motion of Senator Stallings, the Senate Committee 
Substitute bill is placed on today's Calendar. 

H. B. 1378, a bill to allow the Superintendent of the Maxton City School 
Administrative Unit to reside in a county other than Robeson, with a 
favorable report. 

H. B. 1383, a bill to permit higher bondsman fees in New Hanover 
County, with a favorable report. 



72 SENATE JOURNAL [Session 

H. B. 1400, a bill to amend Chapter 350 of the Session Laws of 1963 to 
provide staggered terms of four years for members of the Hertford 
County Board of Commissioners, with a favorable report. 

H. B. 1409, a bill to amend Chapter 36, Session Laws of 1965, the same 
being the charter of the Town of Farmville, Pitt County, with a favorable 
report. 

H. B. 1430, a bill to amend General Statute 47-30 (k) to bring Union 
County under uniform mapping requirements, with a favorable report. 

H. B. 1445, a bill to amend the charter of the City of Raleigh relating 
to the Civic Center and an amendment to the Civic Center Act, with a 
favorable report. 

H. B. 1452, a bill to amend Chapter 26 of the Private Laws of 1937 
relating to the Wilmington Firemen's Pension Fund, with a favorable report. 

By Senator Royall, for the Committee on Public Health and Resources: 

S. B. 915, a bill to remove the requirement for a waiting period between 
the request for a voluntary sterilization and the performance of the opera- 
tion, with a favorable report. 

By Senator Gudger, for the Committee on Social Rehabilitation and 
Control and Law Enforcement: 

S. B. 607, a bill to clarify State policy in certain juvenile cases, without 
prejudice. Upon motion of Senator Gudger, the rules are suspended, 

and the bill is postponed indefinitely. 

INTRODUCTION OP BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows : 

S. R. 1080, by Senator Mills, a Senate resolution urging Camp Johnson 
in Onslow County be given its former name of Montford Point. Re- 

ferred to Committee on Veterans and Military Affairs. 

S. B. 1081, by Senators Strickland, Hardison, Kincaid, Royall, Stallings, 
Henley, Allen, Folger, Garrison, Bob L. Barker, Blanchard, Deane, Staton, 
Raynor, Lynwood Smith, Wilkie and Mills, a bill to amend the North 
Carolina Commercial Feed Law of 1973 and to appropriate funds for the 
enforcement of said Act. Referred to Committee on Appropriations. 

S. B. 1082, by Senator Poovey, a bill to increase the fees for a certified or 
uncertified copy of an accident report. Referred to Committee on 

Finance. 

S. B. 1083, by Senator Murrow, a bill to amend General Statute 20-124 
to prohibit the sale of house trailers not equipped with the braking system 
required by law. Referred to Committee on Highway Safety. 



1974] SENATE JOURNAL 73 

S. B. 1084, by Senator Murrow, a bill to amend General Statute 20-183.3 
concerning the inspection of a vehicle exhaust system. Referred to 

Committee on Highway Safety. 

S. B. 1085, by Senator Allen, a bill to provide funds to support population 
analysis and related health services. Referred to Committee on Appro- 

priations. 

S. J. R. 1086, by Senator Wilkie, a joint resolution honoring the 
life, service and memory of James C. Dishner, humanitarian extraor- 
dinaire. Referred to Committee on Rules and Operation of the Senate. 

S. R. 1087, by Senator Strickland, a Senate resolution creating a subcom- 
mittee of the Rules and Operation Committee of the Senate which shall 
make recommendations to the Senate on all the necessary decisions con- 
cerning the installation of electronic voting for the 1975 General As- 
sembly. Referred to Committee on Rules and Operation of the Senate. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and disposed 
of as follows: 

H. B. 1305, a bill to permit price competition in the marketing of consumer 
goods. Referred to Committee on Judiciary No. 2. 

H. B. 1439, a bill to amend General Statute 66-58 to make the Department 
of Administration responsible for seeing that North Carolina flags are 
available for purchase by every citizen of North Carolina. Referred 

to Committee on Finance. 

H. B. 1447, Committee Substitute for H. B. 1447, a bill to add Alamance 
County to the provisions of Article 9B of Chapter 44 of the General 
Statutes relating to attachment or garnishment and lien for ambulance 
service in certain counties, and to delete Alamance County from the pro- 
visions of Chapter 964 of the 1967 Session Laws. Referred to Com- 
mittee on Local Government and Regional Affairs. 

H. B. 1465, a bill to make technical changes in General Statutes 163 
relating to elections. Referred to Committee on Election Laws. 

H. B. 1482, a bill to amend Chapter 743 of the Session Laws of 1951 
relating to the nomination and election of members of the Transylvania 
County Board of Education. Referred to Committee on Local Govern- 

ment and Regional Affairs. 

H. B. 1498, a bill to add Stanly County to the provisions of Article 9B 
of Chapter 44 of the General Statutes relating to attachment or garnishment 
and lien for ambulance service in certain counties. Referred to Com- 

mittee on Local Government and Regional Affairs. 



74 SENATE JOURNAL [Session 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

S. B. 619, Committee Substitute for S. B. 619, a bill to limit the raising 
or lowering of the front or rear end of passenger vehicles. Upon 

motion of Senator McNeill Smith, the Committee Substitute bill is adopted 
and remains on the Calendar. 

S. B. 992, a bill to change the speed limits to comply with the Emergency 
Highway Conservation Act. The bill passes its second reading and 

upon objection of Senator Allsbrook to its third reading, the bill remains 
on the Calendar. 

S. B. 1006, a bill to strike extraneous provisions regarding birth regis- 
tration cards. Upon motion of Senator Crawford, consideration of the 
bill is postponed until Friday, February 8. 

S. J. R. 1028, a joint resolution requesting Congress to repeal Daylight 
Savings Time during the winter months. Passes its second and third 

readings and is ordered sent to the House of Representatives. 

H. B. 1371, Senate Committee Substitute for H. B. 1371, a bill to abolish 
the office of coroner in Onslow County. Upon motion of Senator 

Stallings, the Senate Committee Substitute bill is adopted and remains on 
the Calendar. 

H. B. 1436, a bill to strike extraneous provisions regarding birth regis- 
tration cards. Upon motion of Senator Crawford, consideration of 
the bill is postponed until Friday, February 8. 

Upon motion of Senator Allen, the rules are suspended and the vote by 
which the report of the Committee on Personnel Practices was ordered 
entered into the Journal as information, is reconsidered. Senator Bob 

L. Barker withdraws his motion that only pages 1 through 22 of the Special 
Committee on Personnel practices be placed in the Journal. Upon 

motion of Senator Godwin, the vote by which the Journal of January 31st 
was approved is reconsidered. Upon motion of Senator Barker the 

report of the Special Committee on Personnel Practices and the report of 
the Special Committee to study the Role of Regional Councils of Local 
Governments are ordered removed from the Journal. Upon motion of 

Senator Allen, the Journal of January 31st, as amended, is approved. 

Upon motion of Senator Allen, the Senate adjourns to meet tomorrow 
at 10:00 A.M. 



1974] SENATE JOURNAL 75 

ONE HUNDRED FIFTEENTH DAY 

Senate Chamber, 
Friday, February 8, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Kirby for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
correct, and upon his motion the reading of the Journal is dispensed with 
and it stands approved as written. 

The President grants leave of absence to Senator Rountree for today. 

H. B. 690, H. B. 1201, H. B. 1243, H. B. 1250, and H. B. 1344. Senator 
Kirby moves that the foregoing bills be taken from the Committee on 
Calendar and re-referred to an appropriate Committee, which motion pre- 
vails. The President refers the bills as follows: H. B. 690, a bill 
making the present statute prohibiting the placing of trash on the right-of- 
way of a public road applicable to public roads in incorporated municipali- 
ties, to the Committee on Transportation; H. B. 1201, a bill to provide 
that a visually handicapped person may use a registered signature facsimile 
as a proper mark of his legal signature, to the Committee on Judiciary No. 
2; H. B. 1243, a bill to exempt the house-to-house sale of magazines from 
sales tax, to the Committee on Finance; H. B. 1250, a bill to prohibit 
deer hunting from any highway right-of-way maintained by the State, to 
the Committee on Wildlife; and H. B. 1344, a bill to authorize members of 
the Northampton County ABC Board to employ themselves as employees 
of the ABC System, to the Committee on Judiciary No. 1. 

The President expresses appreciation to the pages for their services this 
week. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. B. 969, an act to amend the charter of the Town of Marshville 
relating to the corporate limits. 

H. B. 608, an act to permit revocation of installment basis election for 
income tax purposes. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time and disposed of, 
as follows: 



76 SENATE JOURNAL [Session 

S. B. 1088, by Senator Hughes, a bill to amend General Statute 1-42.1 
relating to certain mineral claims. Referred to Committee on Judi- 

ciary No. 1. 

S. B. 1089, by Senators Britt and Godwin, a bill to amend General Statute 
7A-172 to raise the authorized maximum salary for magistrates. Re- 

ferred to Committee on Courts and Judicial Districts. 

S. B. 1090, by Senator Allsbrook, a bill to amend Chapter 84 relative to 
the North Carolina State Bar. Referred to Committee on Judiciary 

No. 1. 

S. B. 1091, by Senators Allsbrook, White, and Gudger, a bill to amend 
General Statutes Chapter 122, Article 3, Part 2 (Patient's Rights), and to 
provide specific patient's rights for minors. Referred to Committee on 

Judiciary No. 1. 

S. B. 1092, by Senator Strickland, a bill to establish the commission for 
human skills and resource development. Referred to Committee on 

State Policies. 

S. B. 1093, by Senator Mullins, a bill establishing a variable interest rate 
on loans secured by a first mortgage or first deed of trust on real 
property. Referred to Committee on Banking. 

S. B. 1094, by Senator Godwin, a bill to exempt Currituck County from 
the provisions of Article 7A of Chapter 113 of the General Statutes of 
North Carolina as the same relates to safe distances for hunting migratory 
wild waterfowl. Referred to Committee on Wildlife. 

S. B. 1095, by Senator McNeill Smith, a bill to prevent excessive noise by 
motor vehicles. Referred to Committee on Highway Safety. 

S. B. 1096, by Senators McNeill Smith and Murrow, a bill to amend 
General Statute 20-135.2 and other sections relative to required safety belts 
or passenger restraint systems. Referred to Committee on Highway 

Safety. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and disposed 
of, as follows: 

S. B. 578, a bill to amend General Statute 31-3.3 to provide that the 
witnesses to attested written wills may make affidavits concerning their 
witnessing so as to eliminate the need for their subsequent testimony upon 
the probate of the will, for concurrence in the House amendment. 
Senator Gudger moves that the Senate do not concur in the House amend- 
ment and that a conference committee be appointed, which motion pre- 
vails. The President appoints Senators Gudger, Wilkie, and Allsbrook 
as conferees on the part of the Senate and a message is ordered sent to the 
House of Representatives informing that Honorable Body of such action. 



1974] SENATE JOURNAL 77 

H. J. R. 1423, a joint resolution designating February 8, 1974, as Jaycee 
Day in the General Assembly. Upon motion of Senator Britt, the 

rules are suspended, and the joint resolution is placed on the Calendar for 
immediate consideration. Passes its second and third readings and is 

ordered enrolled. 

H. B. 1471, a bill to reorganize and consolidate the Lincolnton City 
Board of Education and the Lincoln County Board of Education and to 
create and establish one administrative board for all of the public schools 
in Lincoln County. Referred to Committee on Local Government and 

Regional Affairs. 

H. J. R. 1483, a joint resolution requesting Congress to repeal Daylight 
Savings Time during the winter months. Referred to Committee 

on State Policies. 

H. B. 1485, a bill to authorize the Bladen County Board of Education to 
enter into certain contracts without complying with the provisions of Article 
8 of Chapter 143 of the General Statutes. Referred to Committee on 

Local Government and Regional Affairs. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

S. B. 619, Committee Substitute for S. B. 619, a bill to limit the raising 
or lowering of the front or rear end of passenger vehicles. Upon mo- 

tion of Senator Strickland, consideration of the Committee Substitute bill 
is postponed until Monday, February 11. 

S. B. 658, a bill to provide that a husband and wife shall have equal 
rights to the possession, control, use, rent, profits and issue of an estate by 
entirety. Upon motion of Senator Britt, consideration of the bill is 

postponed until Thursday, February 14. 

S. B. 915, a bill to remove the requirement for a waiting period between 
the request for a voluntary sterilization and the performance of the opera- 
tion. Senator Henley offers an amendment which is adopted. The 
bill, as amended, passes its second reading. Upon objection of Senator 
Gudger to its third reading, the bill, as amended, remains on the Calendar. 

S. B. 992, a bill to change the speed limits to comply with the Emergency 
Highway Energy Conservation Act, upon third reading. The bill 

passes its third reading and is ordered sent to the House of Representatives. 

S. B. 1006, a bill to strike extraneous provisions regarding birth regis- 
tration cards. Upon motion of Senator Britt, consideration of the bill 
is postponed indefinitely. 

S. B. 1018, a bill to make technical amendments to General Statute 
55-31 (a) and (c) and General Statute 55-50(1), the Business Corporation 
Act. Passes its second and third readings and is ordered sent to the 

House of Representatives. 



78 SENATE JOURNAL [Session 

S. B. 1024, a bill to change the terms of office of commissioners of the 
Town of Winterville, to extend the term of one such commissioner, and to 
ratify and confirm the town election of 1973. Passes its second and 

third readings and is ordered sent to the House of Representatives. 

S. B. 1048, a bill to provide for the salaries and travel expenses of the 
members of the Boards of County Commissioners, Education, and Social 
Services of Columbus County. Passes its second and third readings 

and is ordered sent to the House of Representatives. 

H. B. 1035, a bill to amend General Statute 90-89 (a) by adding the 
controlled substance propiram. Passes its second and third readings 

and is ordered enrolled. 

H. B. 1162, a bill to amend Article 12 of Chapter 130 of the General 
Statutes relating to the powers of sanitary districts and bidding pro- 
cedures. Upon motion of Senator Allsbrook, consideration of the bill 
is postponed until Tuesday, February 12. 

H. B. 1241, Committee Substitute for H. B. 1241, a bill to provide for a 
nonpartisan election of the Polk County Board of Education. Passes 

its second and third readings and is ordered enrolled. 

H. B. 1371, Senate Committee Substitute for H. B. 1371, a bill to abolish 
the office of coroner in Onslow County. Passes its second and third 

readings and is ordered sent to the House of Representatives for concur- 
rence in the Senate Committee Substitute bill. 

H. B. 1378, a bill to allow the superintendent of the Maxton City School 
Administrative Unit to reside in a county other than Robeson. Passes 

its second and third readings and is ordered enrolled. 

H. B. 1383, a bill to permit higher bondsman fees in. New Hanover 
County, upon second reading. The bill passes its second reading by 

roll-call vote, ayes 36, noes 0, as follows: Those voting in the affirma- 

tive are Senators Alford, Allen, Allsbrook, Bagnal, Bahakel, Bob L. Barker, 
Robert J. Barker, Blanchard, Britt, Butner, Crawford, Deane, Folger, 
Garrison, Godwin, Gudger, Hardison, Henley, Horton, Kirby, Mullins, Mur- 
row, Poovey, Raynor, Royall, Saunders, Scott, Sharpe, Lynwood Smith, 
McNeill Smith, Staton, Strickland, Taylor, Webster, White, Williamson — 
36. The bill remains on the Calendar. 

H. B. 1400, a bill to amend Chapter 350 of the Session Laws of 1963 to 
provide staggered terms of four years for members of the Hertford 
County Board of Commissioners. Passes its second and third readings 

and is ordered enrolled. 

H. B. 1409, a bill to amend Chapter 36, Session Laws of 1965, the same 
being the charter of the Town of Farmville, Pitt County, upon second read- 
ing. The bill passes its second reading by roll-call vote, ayes 36, noes, 
0, as follows: Those voting in the affirmative are Senators Alford, 
Allen, Allsbrook, Bagnal, Bahakel, Bob L. Barker, Robert J. Barker, Blan- 
chard, Britt, Butner, Crawford, Deane, Folger, Garrison, Godwin, Gudger, 
Hardison, Henley, Horton, Kirby, Mullins, Murrow, Poovey, Raynor, Royall, 



1974] SENATE JOURNAL 79 

Saunders, Scott, Sharpe, Lynwood Smith, McNeill Smith, Staton, Strickland, 
Taylor, Webster, White, Williamson — 36. The bill remains on the 

Calendar. 

H. B. 1430, a bill to amend General Statute 47-30 (k) to bring Union 
County under uniform mapping requirements. Passes its second and 

third readings and is ordered enrolled. 

H. B. 1436, a bill to strike extraneous provisions regarding birth regis- 
tration cards. Passes its second and third readings and is ordered 
enrolled. 

H. B. 1445, a bill to amend the charter of the City of Raleigh relating 
to the Civic Center and an amendment to the Civic Center Act. Passes 

its second and third readings and is ordered enrolled. 

H. B. 1452, a bill to amend Chapter 26 of the Private Laws of 1937 
relating to the Wilmington Firemen's Pension Fund. Passes its second 

and third readings and is ordered enrolled. 

H. B. 1459, a bill providing for the nomination and election of the 
Sanford-Lee County Board of Education. Passes its second and third 

readings and is ordered enrolled. 

Upon motion of Senator Allsbrook, the Senate adjourns in commemora- 
tion of the fine accomplishments of the Jaycees who have helped to make 
North Carolina a great State, to meet Monday, at 8:00 P.M. 



ONE HUNDRED SIXTEENTH DAY 

Senate Chamber, 
Monday, February 11, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of Friday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

The President grants leaves of absence to Senators Staton and Britt for 
tonight. 

The President recognizes the following pages serving in the Senate this 
week: David Todd, Winston-Salem; Cantrell Paula Camp, Durham; Jordy 
Whichard, Greenville; Steven Scoggin, Winston-Salem; John Pearce, Char- 
lotte; Sam Poole, Jr., Southern Pines; Margaret Allen Clay, Fayetteville ; 
Phoebe Anne Azar, Raleigh; Donna Boyd, Raleigh; Patricia T. Hackney, 
Wilson; Kelly Webb, Wilson; Douglas John Sincox, Kings Mountain; Larry 



80 SENATE JOURNAL [Session 

Sullivan, Mooresville; Charlotte Blankenship, High Point; Terry Leigh 
May, Bailey; Terry Stephens, Whiteville. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State; 

S. B. 405, an act to amend General Statute 39-7.1 to provide that no 
conveyance by a married woman prior to June 8, 1965, shall be invalid for 
the reason that the instrument was not also executed by her husband. 

H. B. 1035, an act to amend General Statute 90-89 (a) by adding the 
controlled substance propiram. 

H. B. 1241, an act to provide for a nonpartisan election of the Polk 
County Board of Education. 

H. B. 1378, an act to allow the superintendent of the Maxton City School 
Administrative Unit to reside in a county other than Robeson. 

H. B. 1400, an act to amend Chapter 350 of the Session Laws of 1963 
to provide staggered terms of four years for members of the Hertford 
County Board of Commissioners. 

H. J. R. 1423, a joint resolution designating February 8, 1974, as Jaycee 
Day in the General Assembly. 

H. B. 1430, an act to amend General Statute 47-30 (k) to bring Union 
County under uniform mapping requirements. 

H. B. 1436, an act to strike extraneous provisions regarding birth regis- 
tration cards. 

H. B. 1445, an act to amend the charter of the City of Raleigh relating 
to the Civic Center and an amendment to the Civic Center Act. 

H. B. 1452, an act to amend Chapter 26 of the Private Laws of 1937 
relating to the Wilmington Firemen's Pension Fund. 

H. B. 1459, an act providing for the nomination and election of the 
Sanford-Lee County Board of Education. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

S. B. 1097, by Senator Murrow, a bill to amend General Statute 20-183.8 
to make unlawful the attaching of an inspection certificate to a vehicle that 
has not been inspected. Referred to Committee on Highway Safety. 

S. J. R. 1098, by Senator Sharpe, a joint resolution encouraging county 
and city boards of education to involve teachers to the maximum feasible 



1974] SENATE JOURNAL 81 

in the operations of the public schools. Referred to Committee on 

Education. 

S. B. 1099, by Senators Knox, Godwin, Harrington, Williamson and 
Moore, a bill to amend General Statute 78-19 of the General Statutes 
relating to interest charges by brokers or dealers. Referred to Com- 

mittee on Banking. 

S. B. 1100, by Senator Mullins, a bill to amend General Statute 20- 
139.1(c) to provide that employing institutions will not be liable as a 
result of blood tests made pursuant to this Section except in the case of 
negligence. Referred to Committee on Judiciary No. 2. 

S. B. 1101, by Senator Mullins, a bill to provide immunity from monetary 
liability for acts of members of medical review committees when performed 
within the scope of the functions of such committees. Referred to 

Committee on Judiciary No. 2. 

S. B. 1102, by Senators Folger and Saunders, a bill to amend Article 7 
of Chapter 95 of the General Statutes relating to boiler certificate and 
inspection fees. Referred to Committee on Manufacturing, Labor and 

Commerce. 

S. B. 1103, by Senator Coleman, a bill to create the defense of provoking 
words or gestures to a simple assault or simple assault and battery. 
Referred to Committee on Judiciary No. 2. 

S. B. 1104, by Senators Robert J. Barker, Henley, Blanchard, Taylor, 
Wilkie and Hughes, a bill to establish an energy division in the Department 
of Military and Veterans' Affairs. Referred to Committee on State 

Policies. 

S. B. 1105, by Senator Gudger, a bill to add methaqualone to the list of 
Schedule II controlled substances. Referred to Committee on Judiciary 

No. 1. 

S. B. 1106, by Senators Henley and Robert J. Barker, a bill relating to 
the management of the emergency energy crisis of North Carolina. 
Referred to Committee on State Government. 

S. J. R. 1107, by Senators Horton, Lynwood Smith and Bagnal, a joint 
resolution honoring the life and memory of P. Huber Hanes, Jr. Upon 

motion of Senator Horton, the rules are suspended and the joint resolution 
is placed on the Calendar for immediate consideration. Passes its 

second and third readings and is ordered sent to the House of Repre- 
sentatives. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and disposed 
of as follows: 



82 SENATE JOURNAL [Session 

H. B. 323, a bill to amend General Statute 163-106 (a) concerning the 
oath to be taken by candidates in the primary elections. Referred to 

Committee on Election Laws. 

H. B. 364, a bill to amend General Statute 163-213.9 concerning the 
number of votes to be cast for candidates participating in a primary 
election. Referred to Committee on Election Laws. 

H. B. 1511, a bill to amend Article 7 of Chapter 130 of the General 
Statutes so as to improve procedures for maintaining vital statistics records 
regarding deaths. Referred to Committee on Public Health and Re- 

sources. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

S. B. 619, Committee Substitute for S. B. 619, a bill to limit the raising 
or lowering of the front or rear end of passenger vehicles. Senator 

Strickland calls the previous question, seconded by Senator Knox. The 

Committee Substitute bill passes its second reading. Upon objection 

of Senator Allsbrook to its third reading, the Committee Substitute bill 
remains on the Calendar. 

S. B. 915, a bill to remove the requirement for a waiting period between 
the request for a voluntary sterilization and the performance of the opera- 
tion, as amended, upon third reading. The bill, as amended, passes its 
third reading and is ordered engrossed and sent to the House of Repre- 
sentatives. 

H. B. 1383, a bill to permit higher bondsman fees in New Hanover 
County, upon third reading. Upon motion of Senator Bob L. Barker, 

consideration of the bill is postponed until Tuesday, February 12. 

H. B. 1409, a bill to amend Chapter 36, Session Laws of 1965, the same 
being the charter of the Town of Farmville, Pitt County, upon third read- 
ing. The bill passes its third reading by roll-call vote, ayes 42, noes 0, 
as follows: Those voting in the affirmative are: Senators Alford, 
Allen, Allsbrook, Bagnal, Bahakel, Bob L. Barker, Robert J. Barker, 
Blanchard, Butner, Coleman, Crawford, Deane, Folger, Garrison, Godwin, 
Gudger, Hardison, Harrington, Henley, Hughes, Kincaid, Kirby, Mauney, 
Mills, Moore, Mullins, Murrow, Poovey, Rauch, Raynor, Royall, Saunders, 
Scott, Lynwood Smith, McNeill Smith, Somers, Stallings, Strickland, Taylor, 
Webster, White, Wilkie, Williamson — 42. The bill is ordered enrolled. 

Upon motion of Senator Rauch, the Senate adjourns to meeet tomorrow 
at 2:30 P.M. 



1974] SENATE JOURNAL 83 

ONE HUNDRED SEVENTEENTH DAY 

Senate Chamber, 
Tuesday, February 12, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. W. W. Leathers, former pastor of the First 
Baptist Church, Henderson, and now a resident of Raleigh. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found to 
be correct, and upon his motion the reading of the Journal is dispensed with 
and it stands approved as written. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State : 

H. B. 1409, an act to amend Chapter 36, Session Laws of 1965, the same 
being the charter of the Town of Farmville, Pitt County. 

CONFERENCE REPORT 

S. B. 540, Senator Knox, for the Conferees appointed to consider the 
differences arising between the Senate and the House of Representatives 
upon S. B. 540, a bill to amend General Statute 7A-41 to authorize an 
additional resident superior court judge in various judicial districts, sub- 
mits the following report: 

To the President of the Senate and the Speaker of the House of Repre- 
sentatives : 

We, your Conference Committee appointed to consider and resolve the 
differences arising between the two Bodies on Senate Bill 540, an act to 
amend General Statute 7A-41 to authorize an additional resident superior 
court judge in various judicial districts, wish to report as follows: 

The Conference Committee agreed as follows: 

It is requested that the Conference Committee be dissolved; whereupon 
it is recommended that the House recall the bill from the Senate and give 
further consideration to amendments that have been discussed by the 
Conferees, but which are outside of the scope of authority of the Conferees. 

And to this end that the House of Representatives and the Senate adopt 
the foregoing report. 



84 SENATE JOURNAL [Session 

This the 12 day of February, 1974. 

T. Edward Knox, 
Luther J. Britt, Jr., 
Harold W. Hardison, 
Conferees for the Senate 

Samuel H. Johnson, 

H. HORTON ROUNTREE, 

William T. Watkins, 

Conferees for the 

House of Representatives 

Upon motion of Senator Knox, the Conference Report is adopted and a 
message is ordered sent to the House of Representatives informing that 
Honorable Body of such action. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Repre- 
sentatives : 

S. B. 540 House of Representatives 

February 12, 1974 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the infor- 
mation that the House has adopted the report of the Conferees on Senate 
Bill 540, "a bill to be entitled an act to amend G. S. 7A-41 to authorize an 
additional resident superior court judge in various judicial districts," and 
requests the return of Senate Bill 540 for further consideration by the 
House of Representatives. 

Respectfully, 
Grace Collins 
Principal Clerk 

The bill is ordered returned to the House of Representatives and a mes- 
sage is ordered sent to the House of Representatives informing that 
Honorable Body of such action. 

S. B. 578 House of Representatives 

February 8, 1974 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur 
in House amendment to Senate Bill 578, "a bill to be entitled an act to 
amend G. S. 31-3.3 to provide that the witnesses to attested written wills 
may make affidavits concerning their witnessing so as to eliminate the 
need for their subsequent testimony upon the probate of the will," the 
Speaker has appointed as conferees on the part of the House, Representa- 
tives Stevens of Buncombe, Cobb, and Jones to act with a like committee 



1974] SENATE JOURNAL 85 

on the part of the Senate to the end that the differences existing between 
the two bodies may be adjusted. 

Respectfully, 
Grace Collins 
Principal Clerk 

REPORT OF COMMITTEE ON RULES AND OPERATION OF THE SENATE 

Senator Allen for the Committee on Rules and Operation of the Senate 
submits the following amendment to Senate Rule No. 41 : 

Amend Senate Rule 41 

"In the first sentence by changing 'March 22' to read 'February 22.' 

Further amend in the second sentence by changing 'March 15' to read 
'March 1.' " 

Upon motion of Senator Allen, the amendment to Senate Rule No. 41 
is adopted. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Kirby, for the Committee on Finance: 

S. B. 988, a bill to amend General Statute 105-282.1 to simplify the pro- 
cedure for filing applications for exemption from property taxes, with 
an unfavorable report as to bill, favorable as to Committee Substitute 
bill. Upon motion of Senator Kirby, the Committee Substitute bill is 

placed upon today's Calendar. 

S. B. 1023, a bill to clarify the classification of special nuclear materials 
for ad valorem tax purposes, with a favorable report. 

By Senator Allsbrook, for the Committee on Judiciary No. 1 : 

S. B. 1088, a bill to amend General Statute 1-42.1 relating to certain 
mineral claims, with a favorable report, as amended. 

By Senator Britt, for the Committee on Judiciary No. 2: 

S. B. 1017, a bill to amend General Statute 30-17 relating to when 
children of a deceased parent are entitled to a year's allowance, with a 
favorable report. 

By Senator Allen, for the Committee on Rules and Operation of the 
Senate : 

S. J. R. 1086, a joint resolution honoring the life, service and memory of 
James C. Dishner, humanitarian extraordinaire, with a favorable report. 



86 SENATE JOURNAL [Session 

S. R. 1087, a Senate resolution creating a subcommittee of the Rules and 
Operation Committee of the Senate which shall make recommendations to 
the Senate on all the necessary decisions concerning the installation of 
electronic voting for the 1975 General Assembly, with a favorable report, 
for adoption. Upon motion by Senator Allen, the Senate resolution 

is adopted. (The text of this resolution appears in the Appendix.) 

By Senator Mauney, for the Committee on Veterans and Military Affairs : 

S. B. 1019, a bill to amend General Statute 135-1, relating to the retire- 
ment system service credit for certain civilian employees of the National 
Guard, with a favorable report. Upon motion of Senator Mauney, the 

bill is re-referred to the Committee on Appropriations. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of, 
as follows: 

S. R. 1108, by Senators Stallings, Strickland, Bob L. Barker, Moore, 
Gudger, Horton, Kirby, Allen, Lynwood Smith, Garrison, Deane, and 
Royall, a Senate resolution calling for voluntary allocation of gasoline in 
North Carolina. Referred to Committee on State Policies. 

S. B. 1109, by Senators Stallings, Williamson, Hardison, Mills, Godwin, 
and Harrington, a bill to provide support for vocational coastal fisheries 
education within the public schools of the State. Referred to Com- 

mittee on Appropriations. 

S. B. 1110, by Senators Stallings, Williamson, Mills, Harrington, and 
Godwin, a bill to provide a coastal fisheries education program. Re- 

ferred to Committee on Appropriations. 

S. B. 1111, by Senator Harrington, a bill to fix the salaries of the chair- 
man and members of the Bertie County Board of Education. Referred 
to Committee on Local Government and Regional Affairs. 

S. B. 1112, by Senators Robert J. Barker, Blanchard, Lynwood Smith, 
and McNeill Smith, a bill to grant to the commissioner limited power to 
extend use of registration plates in emergencies. Referred to Com- 

mittee on Highway Safety. 

S. B. 1113, by Senators Robert J. Barker and Blanchard, a bill to provide 
for the construction of State government office buildings in the cities of 
Asheville, Fayetteville, Greensboro, Greenville, and Wilmington. Re- 

ferred to Committee on Appropriations. 

S. B. 1114, by Senators Robert J. Barker and Blanchard, a bill to amend 
General Statute 14-33 to provide for greater punishment for an inmate who 
commits an assault or an assault and battery on a correctional officer. 
Referred to Committee on Judiciary No. 1. 

S. B. 1115, by Senators Gudger, Crawford, Butner, Deane, Bob L. Barker, 
Wilkie, McNeill Smith, Webster, Strickland, and Coleman, a bill to rewrite 



1974] SENATE JOURNAL 87 

General Statute 148-26 declaring State policy on employment of persons 
serving sentences in the State prison system. Referred to Committee 

on Social Rehabilitation and Control and Law Enforcement. 

S. B. 1116, by Senator Gudger, a bill to provide procedure for judicial 
treatment of a juvenile accused of certain misdemeanors. Referred to 

Committee on Social Rehabilitation and Control and Law Enforcement. 

S. B. 1117, by Senator Gudger, a bill to increase the juvenile age juris- 
diction of the district court to age eighteen. Referred to Committee 
on Social Rehabilitation and Control and Law Enforcement. 

S. B. 1118, by Senator Williamson, a bill to amend Chapter 101, Session 
Laws of 1973, relating to the Columbus County Public Safety Commission 
and County Police Force. Referred to Committee on Local Govern- 

ment and Regional Affairs. 

S. B. 1119, by Senator Gudger, a bill to temporarily increase the mem- 
bership and term of service of the Board of Paroles and to make an ap- 
propriation for the increased membership. Referred to Committee on 
Social Rehabilitation and Control and Law Enforcement. 

S. B. 1120, by Senators Strickland, Stallings, Bob L. Barker, Garrison, 
Gudger, Staton, Crawford, Kirby, and Deane, a bill to establish a uniform 
clerks of superior court retirement system. Referred to Committee on 

Courts and Judicial Districts. 

S. B. 1121, by Senators Strickland, Stallings, Bob L. Barker, Garrison, 
Gudger, Kirby, Crawford, Deane, and Staton, a bill to appropriate funds 
to the Department of Administration for advanced planning and design 
development for a new State Bureau of Investigation building. Re- 

ferred to Committee on Appropriations. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting the 
following bills and resolutions, which are read the first time and disposed 
of, as follows: 

S. B. 540, a bill to amend General Statute 7A-41 to authorize an additional 
resident superior court judge in various judicial districts, for concurrence 
in the House amendments. Upon motion of Senator Knox, the Senate 

concurs in the House amendments and the bill, as amended, is ordered 
enrolled. 

H. B. 1401, a bill to amend General Statute 148-4 to expressly authorize 
community leaves. Referred to Committee on Social Rehabilitation 

and Control and Law Enforcement. 

H. B. 1408, Committee Substitute for H. B. 1408, a bill to amend Chapter 
163 of the General Statutes to provide filing fees for district and municipal 
officials. Referred to Committee on Election Laws. 

H. B. 1142, a bill to amend General Statute 7A-308(a) (12) so that the 
fee collected by the clerk of superior court for the appropriation of copies, 



88 SENATE JOURNAL [Session 

including transcripts, will be twenty-five cents per page. Referred to 

Committee on Judiciary No. 2. 

H. J. R. 1456, a joint resolution honoring the life and memory of Dr. 
William Albert Sams. Referred to Committee on Rules and Operation 

of the Senate. 

H. B. 1475, a bill to amend Chapter 362 of the 1953 Session Laws, which 
amended General Statute 152-5, in regard to coroner's fees in Halifax 
County. Referred to Committee on Judiciary No. 1. 

H. B. 1477, a bill to amend Chapter 47B to make clarifying editorial 
changes in the Real Property Marketable Title Act. Referred to Com- 

mittee on Judiciary No. 2. 

H. B. 1515, a bill to permit Alamance County Commissioners to practice 
law. Referred to Committee on Judiciary No. 2. 

H. J. R. 1550, a joint resolution paying tribute to Louise M. Thaden from 
High Point, North Carolina, who has achieved outstanding victories in the 
field of aviation. Upon motion of Senator Lynwood Smith, the rules 

are suspended, and the joint resolution is placed on the Calendar for its 
immediate consideration. Passes its second and third readings and is 

ordered enrolled. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

S. B. 619, Committee Substitute for S. B. 619, a bill to limit the raising 
or lowering of the front or rear end of passenger vehicles, upon third 
reading. Senator Coleman offers an amendment which fails of adop- 

tion. The bill passes its third reading and is ordered sent to the House 

of Representatives. Senator Taylor requests to be recorded as voting 



S. B. 988, Committee Substitute for S. B. 988, a bill to amend General 
Statute 105-282.1 to simplify the procedure for filing applications for ex- 
emption from property taxes. Upon motion of Senator Kirby, the 
Committee Substitute bill is adopted, and the Committee Substitute bill 
remains upon the Calendar. 

H. B. 1162, a bill to amend Article 12 of Chapter 130 of the General 
Statutes relating to the powers of sanitary districts and bidding pro- 
cedures. Upon motion of Senator Britt, consideration of the bill is 
postponed until Tuesday, February 19. 

H. B. 1383, a bill to permit higher bondsman fees in New Hanover County, 
upon third reading. Upon motion of Senator Stallings, consideration 

of the bill is postponed until Thursday, February 14. 

Upon motion of Senator Allen, the Senate adjourns to meet tomorrow 
at 2:30 P.M. 



1974] SENATE JOURNAL 89 

ONE HUNDRED EIGHTEENTH DAY 

Senate Chamber, 
Wednesday, February 13, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
President Pro Tempore Gordon P. Allen. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Folger for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found to 
be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

H. B. 1224, a bill to amend the Income Tax Act to provide a credit 
against income tax for the construction of dwelling units which satisfy 
North Carolina building code standards for handicapped living units. 
Upon motion of Senator Kirby, H. B. 1224 is taken from the Committee on 
Calendar and re-referred to the Committee on Finance. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Alford, for the Committee on Education: 

S. B. 1003, a bill to amend General Statute 115-146 authorizing local 
boards of education to prohibit the use of corporal punishment in the 
schools subject to board's jurisdiction and control, with an unfavorable 
report. 

H. B. 772, a bill to amend Chapter 339 of the 1957 Session Laws relating 
to the payment of per diem to members of the Harnett County Board of 
Education, with a favorable report. 

H. B. 1384, a bill to amend General Statute 115-183(1) authorizing the 
transportation on public school buses of children enrolled in a Headstart 
Program, with a favorable report, as amended. 

By Senator Moore, for the Committee on Election Laws: 

S. B. 94, a bill relating to the filling of vacancies among precinct officials, 
without prejudice. Upon motion of Senator Moore, the rules are 

suspended, and the bill is placed on the Calendar for immediate considera- 
tion. Upon motion of Senator Moore, the bill is postpon3d indefinitely. 

S. B. 95, a bill relating to the recommendation and appointment of pre- 
cinct officials, without prejudice. Upon motion of Senator Moore, the 
rules are suspended, and the bill is placed on the Calendar for immediate 
consideration. Upon motion of Senator Moore, the bill is postponed 
indefinitelv. 



90 SENATE JOURNAL [Session 

S. B. 349, a bill to make various amendments to Chapter 163 of the 
General Statutes with regard to voter registration and party affiliation, 
without prejudice. Upon motion of Senator Moore, the rules are 

suspended, and the bill is placed on the Calendar for immediate considera- 
tion. Upon motion of Senator Moore, the bill is postponed indefinitely. 

S. B. 1001, a bill to authorize the Columbus County Board of Education to 
create districts for the purpose of electing members to the Columbus County 
Board of Education, without prejudice. Upon motion of Senator Moore, 

the rules are suspended, and the bill is placed on the Calendar for im- 
mediate consideration. Upon motion of Senator Moore, the bill is 
postponed indefinitely. 

H. B. 323, a bill to amend General Statute 163-106 (a) concerning the oath 
to be taken by candidates in the primary elections, with a favorable report. 

H. B. 364, a bill to amend General Statute 163-213.9 concerning the num- 
ber of votes to be cast for candidates participating in a primary election, 
with a favorable report. 

H. B. 1367, a bill to amend General Statute 163-301 to specify the time 
municipal officials shall take office, with a favorable report. 

H. B. 1408, Committee Substitute for H. B. 1408, a bill to amend Chapter 
163 of the General Statutes to provide filing fees for district and municipal 
officials, with a favorable report. 

By Senator McNeill Smith, for the Committee on Highway Safety: 

S. B. 1041, a bill to provide for the recognition of safety equipment 
inspection certificates issued by other jurisdictions, with a favorable report. 

S. B. 1043, a bill to amend General Statute 20-64 concerning refunds 
upon the surrender of an unexpired registration plate, with a favorable 
report. 

S. B. 1071, a bill to provide for multi-year motor vehicle registration 
plates, with a favorable report. 

S. B. 1112, a bill to grant to the commissioner limited power to extend 
use of registration plates in emergencies, with a favorable report. 
Upon motion of Senator McNeill Smith, the rules are suspended, and the 
bill is placed on today's Calendar. 

By Senator Allsbrook, for the Committee on Judiciary No. 1 : 

S. B. 1049, a bill to rewrite General Statute 122-85 concerning mentally 
ill convicts, with a favorable report, as amended. 

By Senator Staton, for the Committee on Natural and Economic Re- 
sources : 

S. B. 1029, a bill to amend Article 13, Chapter 130 of the North Carolina 
General Statutes relating to water and sewer sanitation, with a favorable 
report. 



1974] SENATE JOURNAL 91 

S. B. 1034, a bill to authorize setting of rates in small utility cases by 
less than full commission hearing, with a favorable report. 

H. B. 1433, a bill to designate the New River as a scenic river area, with 
a favorable report. Upon motion of Senator Staton, the bill is placed 

on the Calendar for Wednesday, February 20. 

By Senator Garrison, for the Committee on State Policies: 

S. B. 1092, a bill to establish the commission for human skills and resource 
development, with a favorable report. 

S. B. 1104, a bill to establish an energy division in the Department of 
Military and Veterans' Affairs, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

S. B. 1122, by Senators Taylor and Wilkie, a bill to ratify, approve, 
confirm and validate all proceedings taken by the governing boards of units 
of local government in connection with the authorization of bonds of said 
units. Referred to Committee on Local Government and Regional 

Affairs. 

S. B. 1123, by Senator Rhyne, a bill to amend General Statute 148-45 to 
include persons in the custody of the Department of Correction for safe- 
keeping and for pre-sentence diagnostic study. Referred to Committee 
on Judiciary No. 1. 

S. B. 1124, by Senator White, a bill to appropriate funds to the De- 
partment of Agriculture to replace funds cut off by the Federal Govern- 
ment. Referred to Committee on Appropriations. 

S. B. 1125, by Senators Somers and Rhyne, a bill to amend General 
Statute 20-158 to permit right turns on red traffic signals. Referred to 

Committee on Highway Safety. 

S. B. 1126, by Senator Strickland, a bill concerning the defense of State 
employees and former employees in relation to claims arising out of or in 
connection with their employment by the State. Referred to Com- 

mittee on Judiciary No. 2. 

S. B. 1127, by Senator Strickland, a bill to provide funds to establish a 
commission for human skills and resource development within the Depart- 
ment of Human Resources. Referred to Committee on Appropriations. 

S. B. 1128, by Senator Strickland, a bill to provide funds to the State 
Board of Education in support of the School Food Services Program. 
Referred to Committee on Appropriations. 

S. B. 1129, by Senator Folger, a bill authorizing the establishment of a 
town liquor control store in the Town of West Jefferson, North Carolina, 
upon a vote of the people and providing for the allocation of the net pro- 



92 SENATE JOURNAL [Session 

ceeds from the operation of such store. Referred to Committee on 

Alcoholic Beverage Control. 

S. B. 1130, by Senators Garrison, Lynwood Smith and Stallings, a bill to 
exempt from intangibles tax individuals 65 years of age or older. Re- 

ferred to Committee on Finance. 

S. B. 1131, by Senator Hughes, a bill to transfer the duties of the Avery 
County Purchasing Agent to the County Budget Officer. Referred to 

Committee on Local Government and Regional Affairs. 

S. B. 1132, by Senator Allsbrook, a bill to prescribe the procedure to be 
followed upon acquittal of a criminal defendant on grounds of mental 
illness. Referred to Committee on Judiciary No. 1. 

S. B. 1133, by Senator Mills, a bill to provide to the State Board of Edu- 
cation funds for the development of additional regional service centers. 
Referred to Committee on Appropriations. 

S. B. 1134, by Senators Alford and White, a bill to provide funds to 
permit revision of the teacher allotment formula. Referred to the Com- 

mittee on Appropriations. 

S. B. 1135, by Senators Godwin and Harrington, a bill to provide for the 
nomination, election, and compensation of members of the Edenton-Chowan 
Board of Education. Referred to Committee on Local Government and 

Regional Affairs. 

S. B. 1136, by Senator Godwin, a bill to include outboard motors among 
those items subject to the two percent (2%) sales and use tax. Re- 

ferred to Committee on Finance. 

S. B. 1137, by Senator Folger, a bill to appropriate funds for salaries of 
counsel, stenographers, and assistant clerks of superior court in implemen- 
tation of the Involuntary Commitments Law. Referred to Committee 
on Appropriations. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and disposed 
of as follows: 

S. B. 733, a bill to make uniform the procedure for employment and dis- 
missal of executive secretaries of county boards of elections, for con- 
currence in the House amendments. Upon motion of Senator Moore, 
the bill is placed on the Calendar for Friday, February 15 for concurrence 
in the House amendments. 

H. J. R. 1525, a joint resolution congratulating the North Carolina State 
University football team. Upon motion of Senator Knox, the rules are 

suspended, and the joint resolution is placed on the Calendar for immediate 
consideration. Passes its second and third readings and is ordered 

enrolled. 



1974] SENATE JOURNAL 93 

H. B. 1580, a bill to ratify, approve, confirm and validate all proceedings 
and actions taken by the governing boards of units of local government and 
by the Local Government Commission to fix the details of bonds and to 
provide for the advertisement and sale thereof. Referred to Committee 

on Finance. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

SPECIAL ORDER NO. 1 

S.B. 981, Committee Substitute for S. B. 981 (as amended in Committee) 

The hour having arrived for the consideration of Special Order No. 1, 
the President Pro Tempore of the Senate lays before the Senate Special 
Order No. 1, it being Committee Substitute for S. B. 981 (as amended in 
Committee), a bill to rewrite General Statute Chapter 122, Article 5A 
(Involuntary Commitment). Passes its second and third readings and 

is ordered sent to the House of Representatives. 

S. B. 988, Committee Substitute for S. B. 988, a bill to amend General 
Statute 105-282.1 to simplify the procedure for filing applications for ex- 
emption from property taxes. Upon motion of Senator Deane, the 
Committee Substitute bill is placed on tomorrow's Calendar. 

S. B. 1017, a bill to amend General Statute 30-17 relating to when children 
of a deceased parent are entitled to a year's allowance. Passes its 

second and third readings and is ordered sent to the House of Represen- 
tatives. 

S. B. 1023, a bill to clarify the classification of special nuclear materials 
for ad valorem tax purposes, upon second reading. The bill passes its 

second reading by roll-call vote, ayes 41, noes 1, as follows: Those voting 
in the affirmative are: Senators Alford, Allen, Bagnal, Bahakel, Bob L. 
Barker, Robert J. Barker, Blanchard, Britt, Butner, Deane, Folger, Garri- 
son, Godwin, Hardison, Harrington, Henley, Horton, Hughes, Kirby, Knox, 
Mauney, Mills, Moore, Mullins, Poovey, Rauch, Raynor, Rhyne, Rountree, 
Royall, Saunders, Scott, Sharpe, Lynwood Smith, McNeill Smith, Somers, 
Stallings, Staton, Strickland, Webster, White — 41. Voting in the 

negative is: Senator Coleman — 1. The bill remains on the Calendar. 

S. J. R. 1086, a joint resolution honoring the life, service and memory 
of James C. Dishner, humanitarian extraordinaire. Passes its second 

and third readings and is ordered sent to the House of Representatives. 

S. B. 1088, a bill to amend General Statute 1-42.1 relating to certain 
mineral claims. Upon motion of Senator Allsbrook, the Committee 

amendment is adopted. Upon motion of Senator Allsbrook, the bill, 

as amended, is recommitted to the Committee on Judiciary No. 1. 



94 SENATE JOURNAL [Session 

S. B. 1112, a bill to grant to the commissioner limited power to ex- 
tend use of registration plates in emergencies. Senator Rhyne offers 
an amendment, which is adopted. The bill, as amended, passes its 
second and third readings and is ordered sent to the House of Representa- 
tives, without objection, by special messenger without engrossment. 

Upon motion of Senator Butner, the Senate adjourns to meet tomorrow 
at 2:30 P.M. 



ONE HUNDRED NINETEENTH DAY 

Senate Chamber, 
Thursday, February 14, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

H. B. 1094, upon motion of Senator Kirby, H. B. 1094, a bill to amend 
General Statute 135-4 (a) so as to modify the provisions for creditable 
service, is taken from the Committee on Calendar and re-referred to the 
Committee on Courts and Judicial Districts. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. B. 540, an act to amend General Statute 7A-41 to authorize an addi- 
tional resident superior court judge in various judicial districts. 

S. B. 693, an act to authorize municipalities by ordinance to regulate the 
use of dune buggies in certain areas. 

S. B. 1024, an act to change the terms of office of commissioners of the 
Town of Winterville, to extend the term of one such commissioner, and to 
ratify and confirm the town election of 1973. 

S. B. 1112, an act to grant to the commissioner limited power to ex- 
tend use of registration plates in emergencies. 

H. J. R. 1525, a joint resolution congratulating the North Carolina State 
University football team. 



1974] SENATE JOURNAL 95 

H. J. R. 1550, a joint resolution paying tribute to Louise M. Thaden from 
High Point, North Carolina, who has achieved outstanding victories in the 
field of aviation. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their 
titles, together with the reports accompanying them, and take their place 
on the Calendar, as follows: 

By Senator Folger, for the Committee on Constitution: 

S. B. 756, a bill to amend the equal protection clause of the Constitution 
of North Carolina to prohibit discrimination based on sex, with a favorable 
report. 

By Senator Kirby, for the Committee on Finance: 

H. B. 1580, a bill to ratify, approve, confirm and validate all proceedings 
and actions taken by the governing boards of units of local government and 
by the Local Government Commission to fix the details of bonds and to 
provide for the advertisement and sale thereof, with a favorable report. 
Upon motion of Senator Kirby, the rules are suspended, and the bill is 
placed on today's roll-call Calendar. 

By Senator McNeill Smith, for the Committee on Highway Safety: 

S. B. 1012, a bill to amend General Statute 20-80 relating to National 
Guard registration plates, with an unfavorable report as to bill, favorable 
as to Committee Substitute bill. Upon motion of Senator McNeill 

Smith, the Committee Substitute bill is placed upon today's Calendar. 

By Senator Allsbrook, for the Committee on Judiciary No. 1 : 

H. B. 1344, a bill to authorize members of the Northampton County ABC 
Board to employ themselves as employees of the ABC system, with a favor- 
able report. 

By Senator Britt, for the Committee on Judiciary No. 2 : 

S. B. 532, a bill to permit the Department of Motor Vehicles to release 
vehicle registration records upon the payment of a fee, without prejudice. 
Upon motion of Senator Britt, the rules are suspended, and the bill is 
placed on the Calendar for its immediate consideration. Upon motion 

of Senator Britt, the bill is postponed indefinitely. 

S. B. 1025, a bill to amend General Statute 15-20 to give law enforce- 
ment officers the power to issue citations to accused persons in lieu of 
arresting them, with a favorable report, as amended. 

By Senator Stallings, for the Committee on Local Government and 
Regional Affairs: 

S. B. 1040, a bill to provide for the election of county commissioners in 
Henderson County, to create districts and to increase the number of county 



96 SENATE JOURNAL [Session 

commissioners, with a favorable report. Upon motion of Senator 

Stallings, the rules are suspended, and the bill is placed on today's Calendar. 

By Senator Royall, for the Committee on Public Health and Resources: 

S. B. 1026, a bill to amend Article 7 of Chapter 130 of the General 
Statutes so as to improve procedures for maintaining vital statistics records 
regarding" deaths, without prejudice. 

H. B. 1469, a bill to amend Chapter 90 of the General Statutes of North 
Carolina to provide opportunity for advanced placement in educational 
programs in nursing, practical nursing, and dental hygiene for military 
medics and others, with a favorable report. 

H. B. 1511, a bill to amend Article 7 of Chapter 130 of the General 
Statutes so as to improve procedures for maintaining vital statistics records 
regarding deaths, with a favorable report. 

By Senator Rhyne, for the Committee on Wildlife: 

S. B. 623, a bill to amend General Statute 113-109 (a) with respect to 
revocation of hunting licenses, without prejudice. Upon motion of 

Senator Rhyne, the rules are suspended, and the bill is placed on the 
Calendar for its immediate consideration. Upon motion of Senator 

Rhyne, the bill is postponed indefinitely. 

S. B. 624, a bill to provide for enforcement of General Statute 113-120.1, 
relating to trespass on posted property to hunt, fish or trap, without preju- 
dice. Upon motion of Senator Rhyne, the rules are suspended, and the 
bill is placed on the Calendar for its immediate consideration. Upon 
motion of Senator Rhyne, the bill is postponed indefinitely. 

S. B. 625, a bill to amend the North Carolina Water and Air Resources 
Act of 1967 with respect to fish and wildlife kills by pollutants, without 
prejudice. Upon motion of Senator Rhyne, the rules are suspended, 

and the bill is placed on the Calendar for its immediate consideration. 
Upon motion of Senator Rhyne, the bill is postponed indefinitely. 

S. B. 746, a bill amending General Statute 103-2 with respect to hunting 
migratory waterfowl, without prejudice. Upon motion of Senator 

Rhyne, the rules are suspended, and the bill is placed on the Calendar for 
its immediate consideration. Upon motion of Senator Rhyne, the bill 

is postponed indefinitely. 

S. B. 989, a bill to amend the law relating to the purchase and sale of 
pen-raised quail, with a favorable report, as amended. 

S. B. 1047, a bill to repeal Chapter 482 of the 1973 Session Laws pro- 
hibiting the running and chasing of fox with dogs between January 1 and 
September 1 in Carteret County, with a favorable report. 

S. B. 1094, a bill to exempt Currituck County from the provisions of 
Article 7 A of Chapter 113 of the General Statutes of North Carolina as 
the same relates to safe distances for hunting migratory wild waterfowl, 
with a favorable report, as amended. 



1974] SENATE JOURNAL 97 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed 
of as follows: 

S. B. 1138, by Senator Coleman, a bill to amend the Uniform Judicial 
Retirement Act of 1973 so as to make uniform the formula for computing 
benefits. Referred to Committee on Courts and Judicial Districts. 

S. B. 1139, by Senators Raynor, Britt, Williamson, Lynwood Smith, and 
Henley, a bill to eliminate retroactively welfare liens and claims created 
pursuant to General Statute 108-29 prior to April 16, 1973. Referred 

to Committee on Judiciary No. 2. 

S. B. 1140, by Senator Kincaid, a bill to add Burke County to the pro- 
visions of Article 9B of Chapter 44 of the General Statutes relating to 
attachment or garnishment and lien for ambulance services in certain 
counties. Referred to Committee on Local Government and Regional 

Affairs. 

S. B. 1141, by Senator Kincaid, a bill to amend General Statute 115-183 
authorizing county and city boards of education which own and operate 
school buses to use these school buses for any school related activity 
Referred to Committee on Education. 

S. B. 1142, by Senator Knox, a bill to amend General Statute 7A-286(5) 
relating to the commitment of juvenile delinquents to the Office of Youth 
Development. Referred to Committee on Social Rehabilitation and 

Control and Law Enforcement. 

S. B. 1143, by Senator Rountree, a bill to amend General Statute 14-225 
to prohibit the giving of false reports to a law enforcement officer or 
agency. Referred to Committee on Judiciary No. 2. 

S. J. R. 1144, by Senators Rountree, Godwin, Harrington, Stallings, and 
Williamson, a joint resolution creating a study commission on the need to 
extend the State's seaward boundary to protect marine fisheries' resources. 
Referred to Committee on State Policies. 

S. B. 1145, by Senators Staton, Rountree, Allsbrook, Stallings, Taylor, 
Horton, Knox, Bob L. Barker, Blanchard, Kirby, Wilkie, Mullins, Gudger, 
Murrow, Hughes, Saunders, and Moore, a bill to appropriate funds for the 
use of the North Carolina Alcoholism Research Authority. Referred to 

Committee on Appropriations. 

S. B. 1146, by Senators Staton and Harrington, a bill relating to the 
creation of a forest practices study committee. Referred to Committee 

on State Policies. 

S. B. 1147, by Senators Robert J. Barker, Henley, Blanchard, Coleman, 
Williamson, Hughes, Horton, Somers, Rountree, Mullins, Sharpe, Bagnal, 
and Poovey, a bill to create a State Energy Council to develop state policy 
with respect to effective energy management. Referred to Committee 

on State Government. 



98 SENATE JOURNAL [Session 

S. B. 1148, by Senators Robert J. Barker, Blanchard, Rountree, Coleman, 
Hughes, Kincaid, Mullins, Sharpe, Bagnal, and Poovey, a bill to appropriate 
two hundred thousand dollars ($200,000) to the North Carolina Energy 
Council to support special research studies on energy-related topics. 
Referred to Committee on Appropriations. 

S. B. 1149, by Senators Rauch, Rhyne, and Mauney, a bill to make tech- 
nical amendments to the law relating to the duties of the State Auditor. 
Referred to Committee on State Government. 

S. B. 1150, by Senator Rauch, a bill to provide for annexation by the City 
of Gastonia of municipally-owned real property not contiguous to its 
corporate limits. Referred to Committee on Local Government and 

Regional Affairs. 

S. B. 1151, by Senators Alford and Kirby, a bill to appropriate matching 
funds to assist in the restoration and preservation of Stonewall in Nash 
County. Referred to Committee on Appropriations. 

S. B. 1152, by Senator Britt, a bill to amend General Statute 115-117 as 
it applies to the City of Lumberton Administrative School District to 
provide that for purposes of the thirty cents (30<?) per one hundred dollar 
($100.00) supplemental school tax, real and personal property shall be 
assessed for valuation at fifty percent (50 70 of its appraised value. 
Referred to Committee on Local Government and Regional Affairs. 

S. B. 1153, by Senators Hardison, Bob L. Barker, Crawford, Rountree, 
Williamson, Lynwood Smith, Allen, Raynor, Henley, Stallings, Royall, 
Folger, Strickland, Garrison, Kirby, White, Blanchard, and Coleman, a 
bill to provide credit for local governmental employees as recommended by 
the Interim Appropriations Subcommittee on Retirement Systems Study as 
directed by Resolution 91 ratified May 18, 1973. Referred to Com- 

mittee on Appropriations. 

S. B. 1154, by Senators Hardison, Bob L. Barker, Crawford, Rountree, 
Williamson, Lynwood Smith, Raynor, Henley, Stallings, Allen, Royall, 
Folger, Strickland, Garrison, Kirby, White, Blanchard, and Coleman, a bill 
to provide credit for teachers and State employees as recommended by the 
Interim Appropriations Subcommittee on Retirement Systems Study as 
directed by Resolution 91 ratified May 18, 1973. Referred to Com- 

mittee on Appropriations. 

S. B. 1155, by Senators Hardison, Bob L. Barker, Crawford, Rountree, 
Williamson, Henley, Raynor, Lynwood Smith, Deane, Hughes, Wilkie, 
Folger, and Coleman, a bill to provide increased disability and cost-of-living 
benefits to retired members of the Teachers' and State Employees' Retire- 
ment System as recommended by the Interim Appropriations Subcommittee 
on Retirement Systems Study as directed by Resolution 91, ratified May 
18, 1973. Referred to Committee on Appropriations. 

S. B. 1156, by Senators Hardison, Bob L. Barker, Crawford, Rountree, 
Williamson, Henley, Raynor, Lynwood Smith, Deane, Hughes, Wilkie, 
Folger, and Coleman, a bill to provide increased disability and cost-of-living 



1974] SENATE JOURNAL 99 

benefits to retired members of the Local Governmental Employees' Retire- 
ment System as recommended by the Interim Appropriations Subcommittee 
on Retirement Systems Study as directed by Resolution 91 ratified May 18, 
1973. Referred to Committee on Appropriations. 

S. B. 1157, by Senator Poovey, a bill to require restrictions on the limited 
driving privilege. Referred to Committee on Judiciary No. 2. 

S. B. 1158, by Senator Lynwood Smith, a bill amending General Statute 
143A-181 relating to Credit Union Commission appointments. Referred 

to Committee on Banking. 

S. B. 1159, by Senator Lynwood Smith, a bill amending General Statute 
54-101 relating to election of directors and committees in credit unions. 
Referred to Committee on Banking. 

S. B. 1160, by Senator Lynwood Smith, a bill amending Article 9 of 
Chapter 54 of the General Statutes relating to credit unions. Referred 

to Committee on Banking. 

S. B. 1161, by Senator Lynwood Smith, a bill amending General Statute 
54-90 relating to the reserve fund of credit unions. Referred to Com- 

mittee on Banking. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and dis- 
posed of, as follows: 

H. B. 528, a bill to revise the Statutes relating to venue of corporations. 
Referred to Committee on Judiciary No. 2. 

H. B. 750, a bill to limit those voting for the members of the Wake County 
Board of Education to the eligible voters residing in the Wake County 
School Administrative Unit. Referred to Committee on Local Govern- 

ment and Regional Affairs. 

H. B. 1179, a bill to grant county commissioners authority to regulate 
the disposing and discarding of trash within counties. Referred to 

Committee on Judiciary No. 2. 

H. B. 1182, a bill to regulate the placing of trash, refuse and garbage 
within municipal limits. Referred to Committee on Judiciary No. 2. 

H. B. 1368, a bill to repeal certain superseded death benefit acts. Re- 

ferred to Committee on Finance. 

H. B. 1411, a bill to amend General Statute 110-119 to dispense with 
reports to the solicitor unless abuse of a child has been found. Referred 

to Committee on Judiciary No. 1. 

H. B. 1412, a bill to amend General Statute 110-117 to include certain 
additional professional persons among those who are to report child abuse. 
Referred to Committee on Judiciary No. 1. 



100 SENATE JOURNAL [Session 

H. B. 1427, a bill to amend General Statute 163-226 to authorize absentee 
ballots in all statewide elections involving referenda, constitutional amend- 
ments and other propositions submitted to the people. Referred to 
Committee on Election Laws. 

H. B. 1429, a bill to amend General Statute 143-166.2 relating to law 
enforcement officers, firemen and rescue squad workers. Referred to 

Committee on State Government. 

H. B. 1473, a bill to make a technical amendment in the law relating to 
the Law Enforcement Officers' Benefit and Retirement Fund. Referred 

to Committee on State Government. 

H. B. 1541, a bill amending Chapter 1259 of the Session Laws of 1967 
relating to the Winston-Salem Transit Authority. Referred to Com- 

mittee on Local Government and Regional Affairs. 

H. J. R. 1547, a joint resolution creating the highway litter study com- 
mission. Referred to Committee on Transportation. 

H. B. 1554, a bill to provide that Article 9B of Chapter 44 of the General 
Statutes relating to liens for ambulance service shall apply to Stokes 
County. Referred to Committee on Local Government and Regional 

Affairs. 

H. B. 1565, a bill to amend Chapter 234, Session Laws of 1973, to provide 
staggered terms for the Haw River Town Council. Referred to Com- 

mittee on Local Government and Regional Affairs. 

H. B. 1576, a bill to abolish the office of coroner in Nash County. Re- 

ferred to Committee on Local Government and Regional Affairs. 

H. B. 1582, a bill to amend Chapter 368 of the 1957 Session Laws relating 
to expenditure of funds for industrial development in Nash County. Re- 

ferred to Committee on Local Government and Regional Affairs. 

H. B. 1600, a bill to grant to the commissioner limited power to ex- 
tend use of registration plates in emergencies. Referred to Committee 
on Judiciary No. 2. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as 
follows : 

S. B. 658, a bill to provide that a husband and wife shall have equal 
rights to the possession, control, use, rent, profits and issue of an estate by 
entirety. Senator Deane moves that consideration of the bill and 

amendments be postponed indefinitely, seconded by Senator Britt. The 

motion prevails and the bill and amendments are postponed indefinitely. 

S. B. 988, Committee Substitute for S. B. 988, a bill to amend General 
Statute 105-282.1 to simplify the procedure for filing applications for ex- 
emption from property taxes, upon second reading. The Committee 
Substitute bill passes its second reading by roll-call vote, ayes 40, noes 0, 



1974] SENATE JOURNAL 101 

as follows: Those voting in the affirmative are: Senators Alford, 

Allen, Allsbrook, Bagnal, Robert J. Barker, Blanchard, Britt, Butner, 

Coleman, Crawford, Deane, Folger, Godwin, Hardison, Henley, Horton, 

Hughes, Kincaid, Kirby, Knox, Mauney, Mills, Moore, Murrow, Poovey, 

Rauch, Raynor, Rhyne, Royall, Saunders, Scott, Lynwood Smith, Somers, 
Stallings, Staton, Strickland, Taylor, Webster, White, Williamson — 40. 
The Committee Substitute bill remains on the Calendar. 

S. B. 1012, Committee Substitute for S. B. 1012, a bill to amend General 
Statute 20-80 relating to National Guard registration plates. Upon 

motion of Senator McNeill Smith, the Committee Substitute bill is adopted 
and the Committee Substitute bill remains upon the Calendar. 

S. B. 1023, a bill to clarify the classification of special nuclear materials 
for ad valorem tax purposes, upon third reading. The bill passes its 

third reading by roll-call vote, ayes 37, noes 2, as follows: Those 

voting in the affirmative are: Senators Alford, Allsbrook, Bagnal, Bob L. 
Barker, Robert J. Barker, Blanchard, Britt, Butner, Crawford, Deane, 
Garrison, Godwin, Hardison, Henley, Horton, Hughes, Kincaid, Kirby, Knox, 
Mauney, Moore, Poovey, Rauch, Raynor, Rhyne, Royall, Saunders, Scott, 
Sharpe, Lynwood Smith, Somers, Stallings, Staton, Strickland, Webster, 
White, Williamson — 37. Those voting in the negative are: Senators 
Coleman and Folger — 2. The bill is ordered sent to the House of 

Representatives. 

S. B. 1029, a bill to amend Article 13, Chapter 130 of the North Carolina 
General Statutes relating to water and sewer sanitation. Passes its 

second and third readings and is ordered sent to the House of Representa- 
tives. 

S. B. 1034, a bill to authorize setting of rates in small utility cases by less 
than full commission hearing. Passes its second and third readings 

and is ordered sent to the House of Representatives. 

S. B. 1040, a bill to provide for the election of county commissioners in 
Henderson County, to create districts and to increase the number of county 
commissioners. Senators Stallings and Wilkie offer an amendment 

which is adopted. The bill, as amended, passes its second and third 

readings and is ordered sent to the House of Representatives, without ob- 
jection, by special messenger without engrossment. 

S. B. 1041, a bill to provide for the recognition of safety equipment 
inspection certificates issued by other jurisdictions. Passes its second 

and third readings and is ordered sent to the House of Representatives. 

S. B. 1043, a bill to amend General Statute 20-64 concerning refunds upon 
the surrender of an unexpired registration plate. Upon motion of 

Senator Butner, consideration of the bill is postponed until Friday, Feb- 
ruary 15. 

S. B. 1049, a bill to rewrite General Statute 122-85 concerning mentally 
ill convicts. Upon motion of Senator White, consideration of the bill 

is postponed until Friday, February 15. 



102 SENATE JOURNAL [Session 

S. B. 1071, a bill to provide for multi-year motor vehicle registration 
plates. Upon motion of Senator McNeill Smith, consideration of the 

bill is postponed until Tuesday, February 19. 

S. B. 1092, a bill to establish the commission for human skills and re- 
source development. Passes its second and third readings and is 
ordered sent to the House of Representatives. 

S. B. 1104, a bill to establish an energy division in the Department of 
Military and Veterans' Affairs. Passes its second and third readings 

and is ordered sent to the House of Representatives. 

H. B. 323, a bill to amend General Statute 163-106 (a) concerning the oath 
to be taken by candidates in the primary elections. Passes its second 

and third readings and is ordered enrolled. 

H. B. 364, a bill to amend General Statute 163-213.9 concerning the 
number of votes to be cast for candidates participating in a primary elec- 
tion. Passes its second and third readings and is ordered enrolled. 

H. B. 772, a bill to amend Chapter 339 of the 1957 Session Laws relating 
to the payment of per diem to members of the Harnett County Board of 
Education. Passes its second and third readings and is ordered enrolled. 

H. B. 1367, a bill to amend General Statute 163-301 to specify the time 
municipal officials shall take office. Passes its second and third read- 

ings and is ordered enrolled. 

H. B. 1383, a bill to permit higher bondsman fees in New Hanover County, 
upon third reading. Senator McNeill Smith offers an amendment, held 

not to be material, which fails of adoption. The bill passes its third 

reading by roll-call vote, ayes 43, noes 3, as follows: Those voting in 

the affirmative are: Senators Alford, Allsbrook, Bagnal, Bahakel, Bob L. 
Barker, Robert J. Barker, Blanchard, Britt, Butner, Coleman, Deane, Folger, 
Garrison, Godwin, Hardison, Henley, Horton, Hughes, Kincaid, Kirby, Knox, 
Mauney, Moore, Mullins, Murrow, Poovey, Rauch, Raynor, Rhyne, Rountree, 
Royall, Saunders, Scott, Sharpe, Lynwood Smith, Somers, Stallings, Staton, 
Strickland, Taylor, Webster, White, Williamson — 43. Those voting in 

the negative are: Senators Crawford, Mills, McNeill Smith — 3. The 

bill is ordered enrolled. 

H. B. 1384, a bill to amend General Statute 115-183(1) authorizing the 
transportation on public school buses of children enrolled in a Headstart 
Program. Upon motion of Senator Alford, the Committee amendment 

is adopted. The bill, as amended, passes its second and third readings 

and is ordered sent to the House of Representatives for concurrence in the 
Senate amendment. 

H. B. 1408, Committee Substitute for H. B. 1408, a bill to amend Chapter 
163 of the General Statutes to provide filing fees for district and municipal 
officials, upon second reading. The Committee Substitute bill passes 

its second reading by roll-call vote, ayes 42, noes 0, as follows: Those 
voting in the affirmative are: Senators Alford, Allen, Allsbrook, Bagnal, 



1974] SENATE JOURNAL 103 

Robert J. Barker, Blanchard, Britt, Butner, Coleman, Crawford, Deane, 
Folger, Garrison, Godwin, Hardison, Harrington, Henley, Horton, Hughes, 
Kincaid, Knox, Mauney, Mills, Moore, Murrow, Poovey, Rauch, Raynor, 
Rhyne, Royall, Saunders, Scott, Lynwood Smith, Somers, Stallings, Staton, 
Strickland, Taylor, Webster, White, Wilkie, Williamson — 42. The 

Committee Substitute bill remains upon the Calendar. 

H. B. 1580, a bill to ratify, approve, confirm and validate all proceedings 
and actions taken by the governing boards of units of local government and 
by the Local Government Commission to fix the details of bonds and 
to provide for the advertisement and sale thereof, upon second read- 
ing. The bill passes its second reading by roll-call vote, ayes 43, noes 
1, as follows: Those voting in the affirmative are: Senators Alford, 
Allen, Allsbrook, Bagnal, Bob L. Barker, Robert J. Barker, Blanchard, 
Britt, Butner, Coleman, Crawford, Deane, Folger, Garrison, Godwin, 
Hardison, Harrington, Henley, Horton, Hughes, Kincaid, Kirby, Knox, 
Mauney, Mills, Moore, Murrow, Poovey, Rauch, Raynor, Rhyne, Royall, 
Saunders, Scott, Sharpe, Lynwood Smith, Somers, Stallings, Staton, Strick- 
land, Webster, White, Williamson — 43. Voting in the negative is: 
Senator Taylor — 1. The bill remains on the Calendar. 

Upon motion of Senator Allen, the Senate adjourns to meet tomorrow 
at 10:00 A.M. 



ONE HUNDRED TWENTIETH DAY 

Senate Chamber, 
Friday, February 15, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B .Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

The President grants leaves of absence to Senators Rauch, Rhyne, Har- 
rington, Garrison and Mills for today. 

S. B. 1027, a bill to authorize counties to appoint a warden to enforce 
the litter laws of North Carolina. Upon motion of Senator Stallings, 

S. B. 1027 is taken from the Committee on Local Government and Regional 
Affairs and re-referred to the Committee on Judiciary No. 2. 

S. B. 1071, a bill to provide for multi-year motor vehicle registration 
plates. Upon motion of Senator McNeill Smith, S. B. 1071 is taken 

from the Calendar for Tuesday, February 19 and recommitted to the 
Committee on Highway Safety. 



104 SENATE JOURNAL [Session 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Allen, for the Committee on Rules and Operation of the 
Senate : 

H. J. R. 1456, a joint resolution honoring the life and memory of Dr. 
William Albert Sams, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

S. B. 1162, by Senator Folger, a bill to provide for the depositing of 
motor vehicle operator's license in lieu of bail. Referred to Committee 

on Judiciary No. 1. 

S. B. 1163, by Senator Folger, a bill to increase the punishment for 
issuing worthless check in excess of five hundred dollars ($500.00) . Re- 

ferred to Committee on Judiciary No. 1. 

S. B. 1164, by Senators McNeill Smith and Henley, a bill to amend 
Chapter 122A of the General Statutes of North Carolina to change the 
name of the North Carolina Housing Corporation to North Carolina Housing 
Finance Agency, to permit said agency to accept the proceeds of general 
obligation bonds of the State to accomplish its corporate purposes, to use 
the proceeds of bonds of the agency to purchase federally insured securities 
of mortgage lenders where such expenditures of proceeds will provide resi- 
dential housing for persons of lower income and to authorize the agency 
to insure mortgage loans made for the purpose of providing housing for 
persons of lower income. Referred to Committee on State Government. 

S. J. R. 1165, by Senators Robert J. Barker, Blanchard, Poovey, Sharpe, 
Horton, and Hughes, a joint resolution requesting the Governor to establish 
a voluntary gas allocation plan. Referred to Committee on State 

Policies. 

S. B. 1166, by Senators Henley, Raynor, Hardison and Strickland, a bill 
to appropriate funds from the General Fund to the Department of Human 
Resources for increased rates for licensed rest homes. Referred to 

Committee on Appropriations. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and dis- 
posed of as follows: 

H. B. 1505, a bill to amend Chapter 26 of the Private Laws of 1935, as 
amended by Chapter 700 of the Session Laws of 1943, and as amended by 



1974] SENATE JOURNAL 105 

Chapter 56 of the Session Laws of 1949, and as further amended by Chapter 
342 of the Session Laws of 1957, relating to appointment of additional 
member of the Lexington City Board of Education. Referred to Com- 

mittee on Local Government and Regional Affairs. 

H. B. 1508, a bill to make technical changes in Article 20 of Chapter 163 
of the General Statutes, relating to absentee voting. Referred to Com- 

mittee on Election Laws. 

H. B. 1518, a bill to annex certain area into the Town of Garys- 
burg. Referred to Committee on Local Government and Regional 

Affairs. 

H. B. 1522, a bill to amend General Statute 115-359 to clarify entrance 
age eligibility of kindergarten pupils. Referred to Committee on 

Education. 

H. B. 1551, a bill to amend General Statute 163-30. Referred to 

Committee on Election Laws. 

H. B. 1569, a bill to add Burke County to the provisions of Article 9B of 
Chapter 44 of the General Statutes relating to attachment or garnishment 
and lien for ambulance services in certain counties. Referred to Com- 

mittee on Local Government and Regional Affairs. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

S. B. 733, a bill to make uniform the procedure for employment and dis- 
missal of executive secretaries of county boards of elections, for con- 
currence in the House amendments. Senator Moore moves that the 
Senate concur in the House amendments, which motion prevails. The 
bill, as amended, is ordered enrolled. 

S. B. 756, a bill to amend the equal protection claus of the Constitution 
of North Carolina to prohibit discrimination based on sex, upon second 
reading. Upon motion of Senator Folger, consideration of the bill is 

postponed until Monday, February 18. 

S. B. 988, Committee Substitute for S. B. 988, a bill to amend General 
Statute 105-282.1 to simplify the procedure for filing applications for 
exemption from property taxes, upon third reading. The Committee 

Substitute bill passes its third reading by roll-call vote, ayes 34, noes 0, 
as follows: Those voting in the affirmative are: Senators Alford, 

Allen, Allsbrook, Bagnal, Bob L. Barker, Robert J. Barker, Blanchard, 
Britt, Butner, Crawford, Folger, Godwin, Hardison, Henley, Horton, Hughes, 
Kincaid, Kirby, Knox, Mauney, Moore, Poovey, Raynor, Royall, Saunders, 
Scott, Sharpe, Lynwood Smith, McNeill Smith, Stallings, Staton, Strick- 
land, Webster, White — 34. The Committee Substitute bill is ordered 
sent to the House of Representatives. 



106 SENATE JOURNAL [Session 

S. B. 989, a bill to amend the law relating to the purchase and sale of 
pen-raised quail. Upon motion of Senator Godwin, the Committee 

amendment is adopted. The bill, as amended, passes its second and 

third readings and is ordered engrossed and sent to the House of Rep- 
resentatives. 

S. B. 1012, Committee Substitute for S. B. 1012, a bill to amend General 
Statute 20-80 relating to National Guard registration plates. Upon 

motion of Senator Mauney, consideration of the Committee Substitute bill 
is postponed until Monday, February 18. 

S. B. 1025, a bill to amend General Statute 15-20 to give law enforcement 
officers the power to issue citations to accused persons in lieu of arresting 
them. Upon motion of Senator Britt, the Committee amendment is 

adopted. The bill, as amended, passes its second reading. Upon 

objection of Senator Crawford to its third reading, the bill, as amended, 
remains on the Calendar. 

S. B. 1026, a bill to amend Article 7 of Chapter 130 of the General 
Statutes so as to improve procedures for maintaining vital statistics records 
regarding deaths. Upon motion of Senator Royall, consideration of 

the bill is postponed until Monday, February 18. 

S. B. 1043, a bill to amend General Statute 20-64 concerning refunds upon 
the surrender of an unexpired registration plate. Passes its second 

and third readings and is ordered sent to the House of Representatives. 

S. B. 1047, a bill to repeal Chapter 482 of the 1973 Session Laws pro- 
hibiting the running and chasing of fox with dogs between January 1 and 
September 1 in Carteret County. Passes its second and third readings 

and is ordered sent to the House of Representatives. 

S. B. 1049, a bill to rewrite General Statute 122-85 concerning mentally 
ill convicts. Upon motion of Senator Allsbrook, the Committee amend- 

ments are adopted. Senator Allsbrook offers an amendment which is 

adopted. The bill, as amended, passes its second reading. Upon 

objection of Senator Deane to its third reading, the bill, as amended, re- 
mains on the Calendar. 

S. B. 1094, a bill to exempt Currituck County from the provisions of 
Article 7 A of Chapter 113 of the General Statutes of North Carolina as 
the same relates to safe distances for hunting migratory wild water- 
fowl. Upon motion of Senator Godwin, the Committee amendment is 
adopted. The bill, as amended, passes its second and third readings 
and is ordered engrossed and sent to the House of Representatives. 

H. B. 1344, a bill to authorize members of the Northampton County ABC 
Board to employ themselves as employees of the ABC system. Passes 

its second and third readings and is ordered enrolled. 

H. B. 1408, Committee Substitute for H. B. 1408, a bill to amend Chapter 
163 of the General Statutes to provide filing fees for district and municipal 
officials, upon third reading. The Committee Substitute bill passes its 

third reading by roll-call vote, ayes 33, noes 0, as follows : Those voting 



1974] SENATE JOURNAL 107 

in the affirmative are: Senators Alford, Allen, Allsbrook, Bagnal, Bahakel, 
Bob L. Barker, Robert J. Barker, Blanchard, Britt, Butner, Coleman, 
Crawford, Folger, Hardison, Henley, Horton, Hughes, Kirby, Mauney, 
Moore, Poovey, Raynor, Royall, Saunders, Scott, Sharpe, Lynwood Smith, 
McNeill Smith, Stallings, Strickland, Webster, White, Williamson — 33. 
The Committee Substitute bill is ordered enrolled. 

H. B. 1469, a bill to amend Chapter 90 of the General Statutes of North 
Carolina to provide opportunity for advanced placement in educational 
programs in nursing, practical nursing, and dental hygiene for military 
medics and others. Passes its second and third readings and is ordered 

enrolled. 

H. B. 1511, a bill to amend Article 7 of Chapter 130 of the General 
Statutes so as to improve procedures for maintaining vital statistics records 
regarding deaths. Upon motion of Senator Royall, consideration of the 

bill is postponed until Monday, February 18. 

H. B. 1580, a bill to ratify, approve, confirm and validate all proceedings 
and actions taken by the governing boards of units of local government 
and by the Local Government Commission to fix the details of bonds and 
to provide for the advertisement and sale thereof, upon third reading. 
The bill passes its third reading by roll-call vote, ayes 34, noes 0, as 
follows: Those voting in the affirmative are: Senators Alford, Allen, 

Allsbrook, Bagnal, Bahakel, Bob L. Barker, Robert J. Barker, Blanchard, 
Britt, Butner, Coleman, Crawford, Deane, Folger, Godwin, Hardison, Hen- 
ley, Horton, Hughes, Kirby, Mauney, Moore, Poovey, Raynor, Royall, 
Saunders, Scott, Lynwood Smith, McNeill Smith, Stallings, Strickland, 
Webster, White, Williamson — 34. ' The bill is ordered enrolled. 

Upon motion of Senator Allen, the Senate adjourns to meet on Monday 
at 8:00 P.M. 



ONE HUNDRED TWENTY-FIRST DAY 

Senate Chamber, 
Monday, February 18, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of Friday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

The President recognizes the following pages serving in the Senate this 
week: Sally Britt, Lumberton; John Radford, Selma; Diana Shahan, Smith- 
field; Jeanie Stocks, Tarboro; Lynn Leibowitz, Lumberton; Joe Browder, 



108 SENATE JOURNAL [Session 

Lexington; Brenda Nance, Fayetteville ; Jimmy Steele, Mocksville; Donald 
Kincaid, Jr., Lenoir; Betsy Linthicum, High Point; Mark Hammond, 
Raleigh; Lynn Johnson, Four Oaks; Sandy Strifert, Kenly; Judy Cook, 
Raleigh; Robert Flowe, Burlington; Evalyn Jane Hethcox, Mooresville; 
Debra Ann Slaughter, Swansboro; Joe Payne, Clayton; Hope MacMillan, 
Greenville; Bruce Whipple, Winston-Salem. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. B. 733, an act to make uniform the procedure for employment and dis- 
missal of executive secretaries of county boards of elections. 

S. B. 1029, an act to amend Article 13, Chapter 130 of the North Carolina 
General Statutes relating to water and sewer sanitation. 

S. B. 1040, an act to provide for the election of county commissioners in 
Henderson County, to create districts and to increase the number of county 
commissioners. 

H. B. 323, an act to amend General Statute 163-106 (a) concerning the 
oath to be taken by candidates in the primary elections. 

H. B. 364, an act to amend General Statute 163-213.9 concerning the 
number of votes to be cast for candidates participating in a primary election. 

H. B. 772, an act to amend Chapter 339 of the 1957 Session Laws relating 
to the payment of per diem to members of the Harnett County Board of 
Education. 

H. B. 1344, an act to authorize members of the Northampton County 
ABC Board to employ themselves an employees of the ABC system. 

H. B. 1367, an act to amend General Statute 163-301 to specify the time 
municipal officials shall take office. 

H. B. 1371, an act to abolish the office of coroner in Onslow and Pamlico 
counties. 

H. B. 1383, an act to permit higher bondsman fees in New Hanover 
County. 

H. B. 1384, an act to amend General Statute 115-183(1) authorizing the 
transportation on public school buses of children enrolled in a Headstart 
Program. 

H. B. 1408, an act to amend Chapter 163 of the General Statutes to 
provide filing fees for district and municipal officials. 

H. B. 1469, an act to amend Chapter 90 of the General Statutes of North 
Carolina to provide opportunity for advanced placement in educational 
programs in nursing, practical nursing, and dental hygiene for military 
medics and others. 



1974] SENATE JOURNAL 109 

H. B. 1580, an act to ratify, approve, confirm and validate all proceed- 
ings and actions taken by the governing boards of units of local government 
and by the Local Government Commission to fix the details of bonds and 
to provide for the advertisement and sale thereof. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their 
titles, together with the reports accompanying them, and take their place 
on the Calendar, as follows: 

By Senator Stallings, for the Committee on Local Government and 
Regional Affairs: 

S. B. 984, a bill to amend Chapter 221, Public-Local Laws of 1935, relating 
to primary elections for county commissioners in Columbus County, with 
a favorable report. 

S. B. 1008, a bill to ratify, approve, confirm and validate all proceedings 
taken by the Board of Commissioners of the County of Jackson in connec- 
tion with the authorization of two hundred fifty thousand dollars ($250,000) 
water bonds and two hundred fifty thousand dollars ($250,000) sanitary 
sewer bonds of said county and the calling and holding of an election 
thereon, with a favorable report. 

S. B. 1050, a bill to authorize an additional magistrate for Burke County, 
with a favorable report. 

S. B. 1051, a bill to authorize an additional magistrate for Caldwell 
County, with a favorable report. 

S. B. 1062, a bill to amend General Statute 67-13 relating to the payment 
of damages to persons or property injured by dogs so as to exempt Avery 
County from said Act, with a favorable report. 

S. B. 1069, a bill to amend Chapter 754, 1971 Session Laws, relative to 
the time persons elected to the Charlotte-Mecklenburg Board of Education 
shall take office, with a favorable report. 

S. B. 1074, a bill to authorize the City of Sanford to expend non-tax 
funds for the celebration of its one hundredth anniversary through a non- 
profit corporation, with a favorable report. 

S. B. 1075, a bill to authorize the Alcoholic Beverage Control Board of 
Mecklenburg County to trade a parcel of land to straighten out a property 
line, with a favorable report. 

S. B. 1077, a bill to amend Chapter 713 of the Session Laws of 1965, 
as amended, being the charter of the City of Charlotte, relating to the 
organizational meeting of city council, with a favorable report. 

H. B. 1447, Committee Substitute for H. B. 1447, a bill to add Alamance 
County to the provisions of Article 9B of Chapter 44 of the General Statutes 
relating to attachment or garnishment and lien for ambulance service in 



110 SENATE JOURNAL [Session 

certain counties, and to delete Alamance County from the provisions of 
Chapter 964 of 1967 Session Laws, with a favorable report. 

H. B. 1471, a bill to reorganize and consolidate the Lincolnton City Board 
of Education and the Lincoln County Board of Education and to create and 
establish one administrative board for all the public schools in Lincoln 
County, with a favorable report. 

H. B. 1482, a bill to amend Chapter 743 of the Session Laws of 1951 
relating to the nomination and election of members of the Transylvania 
County Board of Education, with a favorable report. 

H. B. 1498, a bill to add Stanly County to the provisions of Article 9B 
of Chapter 44 of the General Statutes relating to attachment or garnishment 
and lien for ambulance service in certain counties, with a favorable report, 
as amended. 

By Senator Rauch, for the Committee on State Government: 

S. B. 706, a bill to amend General Statute 122-35.19(2) concerning 
budgeting procedures, without prejudice. Upon motion of Senator 

Rauch, the rules are suspended, and the bill is placed on the Calendar for 
immediate consideration. Upon motion of Senator Rauch, the bill is 

postponed indefinitely. 

S. B. 721, a bill to provide that counties shall pay certain benefits for 
nursing home care, without prejudice. Upon motion of Senator Rauch, 

the rules are suspended, and the bill is placed on the Calendar for im- 
mediate consideration. Upon motion of Senator Rauch, the bill is 
postponed indefinitely. 

S. R. 877, a Senate resolution directing a Senate standing committee to 
study the need for a State milk commission and report its "findings to the 
Senate in 1974, without prejudice. Upon motion of Senator Rauch, 

the rules are suspended, and the resolution is placed on the Calendar for 
its immediate consideration. Upon motion of Senator Rauch, the reso- 

lution is postponed indefinitely. 

S. B. 1010, a bill to amend Chapter 572 of the Session Laws of 1973 so 
as to extend the time in which law enforcement officers may transfer from 
other retirement systems to the Law Enforcement Officers' Benefit and Re- 
tirement Fund, without prejudice. Upon motion of Senator Rauch, 
the rules are suspended, and the bill is placed on the Calendar for im- 
mediate consideration. Upon motion of Senator Rauch, the bill is 
postponed indefinitely. 

S. J. R. 1056, a joint resolution authorizing a legislative commission to 
study the dairy industry of this State, with a favorable report. 

H. B. 1365, Committee Substitute for H. B. 1365, a bill to amend Chapter 
572 of the Session Laws of 1973 relating to the transfer of membership 
from certain retirement systems to the Law Enforcement Officers' Benefit 
and Retirement Fund, with a favorable report. 



1974] SENATE JOURNAL 111 

H. B. 1428, a bill to designate the State Auditor in lieu of the State In- 
surance Commissioner as Chairman of the Board of Trustees of the North 
Carolina Firemen's Pension Fund, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

S. B. 1167, by Senator Mills, a bill to appropriate funds to provide a cost- 
of-living salary increase for State employees and public school personnel. 
Referred to Committee on Appropriations. 

S. B. 1168, by Senators White, Godwin, Harrington, Alford, and Alls- 
brook, a bill to provide funds for research studies on soybean physiology 
and management, and research studies and extension education on soybean 
diseases and nematodes. Referred to Committee on Appropriations. 

S. B. 1169, by Senator Harrington, a bill to authorize the Board of 
Transportation to charge fees for special permits for oversize and over- 
weight vehicles. Referred to Committee on Finance. 

S. B. 1170, by Senator Sharpe, a bill to provide federal food stamp pro- 
grams in all counties of the State. Referred to Committee on Public 
Health and Resources. 

S. B. 1171, by Senator Knox, a bill to amend General Statute 18A-40 by 
deleting subsection (a) thereof. Referred to Committee on Higher 

Education. 

S. B. 1172, by Senator Williamson, a bill to authorize the Town of 
Boiling Springs to hold an election for the sale of beer for off-premise 
consumption. Referred to Committee on Alcoholic Beverage Control. 

S. B. 1173, by Senators Williamson, Bahakel, Raynor, Mullins, Bob L. 
Barker, Deane, Robert J. Barker, Blanchard, Mills, Strickland, Wilkie, 
Britt, Henley, Somers, and Murrow, a bill to permit right turns on red 
lights and to establish a traffic control signal legend. Referred to 

Committee on Highway Safety. 

S. B. 1174, by Senator Williamson, a bill to provide for the election of 
the board of commissioners of the Town of Cerro Gordo and to appoint an 
additional member. Referred to Committee on Local Government and 

Regional Affairs. 

S. B. 1175, by Senator Kirby, a bill to provide for the creation of an 
interim board of education for Wilson County and the subsequent con- 
solidation of the Wilson City School Administrative Unit, the Elm City 
Administrative Unit, and the Wilson County Administrative Unit. Re- 

ferred to Committee on Local Government and Regional Affairs. 

S. B. 1176, by Senators Raynor, Hardison, Bob L. Barker, Williamson, 
Deane, Mullins, Garrison, Lynwood Smith, Kirby, Kincaid, Folger, Henley, 
Staton, Strickland, Somers, Mills, McNeill Smith, Britt, Harrington, Alls- 



112 SENATE JOURNAL [Session 

brook, Knox, Bahakel, Moore, and Scott, a bill to expunge from court and 
police records misdemeanor offenses which are not prosecuted by the 
complainant. Referred to Committee on Judiciary No. 1. 

S. B. 1177, by Senators McNeill Smith, Murrow, and Lynwood Smith, a 
bill to permit and extend emergency medical services in Guilford Coun- 
ty. Referred to Committee on Public Health and Resources. 

S. J. R. 1178, by Senators Henley and McNeill Smith, a joint resolution 
authorizing the continuation of the Committee on Housing established by 
Chapter 727, Session Laws of 1973. Referred to Committee on State 

Government. 

S. B. 1179, by Senator Britt, a bill to provide that it be a misdemeanor 
to encourage a child under 18 to be delinquent, undisciplined or neg- 
lected. Referred to Committee on Judiciary No. 2. 

S. B. 1180, by Senator Staton, a bill to repeal General Statute 113-159 
relating to contribution of oyster shells. Referred to Committee on 

Natural and Economic Resources. 

S. B. 1181, by Senator Staton, a bill to amend Part 7, Article 21 of 
Chapter 43 of the General Statutes relating to water and air quality re- 
porting. Referred to Committee on Natural and Economic Resources. 

S. B. 1182, by Senator Staton, a bill to amend Article 13, Chapter 113 of 
the North Carolina General Statutes relating to enforcement authority of 
inspectors and protectors. Referred to Committee on Natural and 

Economic Resources. 

S. B. 1183, by Senator Staton, a bill to amend Article 15, Chapter 113 
of the General Statutes relating to the regulation of coastal fisheries. 
Referred to Committee on Natural and Economic Resources. 

S. B. 1184, by Senator Staton, a bill amending Article 4 of Chapter 113 
of the General Statutes relating to the authority of forest rangers and 
arrest powers of forest law enforcement officers and for other purposes. 
Referred to Committee on Natural and Economic Resources. 

S. B. 1185, by Senator Staton, a bill to amend Article 4, Chapter 113A of 
the North Carolina General Statutes relating to sedimentation pollution. 
Referred to Committee on Natural and Economic Resources. 

S. B. 1186, by Senator Staton, a bill to amend Article 15, Chapter 113 of 
the North Carolina General Statutes relating to penalties in regulation of 
coastal fisheries. Referred to Committee on Natural and Economic 

Resources. 

S. B. 1187, by Senator Staton, a bill to amend the Well Construction Act, 
General Statute 87-83 et seq.; the Water Use Act, General Statute 143-215.11 
et seq.; the Dam Safety Law, General Statute 143-215.23 et seq.; and the 
Water and Air Quality Reporting Act, General Statute 143-215.63 et seq., 
in order to provide enforcement procedures similar to and consistent with 
Article 21, Chapter 143 of the North Carolina General Statutes. Re- 

ferred to Committee on Natural and Economic Resources. 



1974] SENATE JOURNAL 113 

S. B. 1188, by Senator Taylor, a bill to amend Section 2, Chapter 858, 
1967 Session Laws, to permit hunting with pistols in Jackson County 
pursuant to General Statute 113-104. Referred to Committee on 

Wildlife. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time, and dis- 
posed of as follows: 

H. B. 1351, a bill to incorporate the Town of East Arcadia. Referred 

to Committee on Local Government and Regional Affairs. 

H. B. 1403, a bill to provide for the filing of consolidated returns by 
husband and wife. Referred to Committee on Finance. 

H. B. 1432, a bill to remove an unnecessary duplication of subsections in 
General Statute 105-275. Referred to Committee on Finance. 

H. B. 1434, Committee Substitute for H. B. 1434, a bill to repeal the pro- 
vision in General Statute 105-228.5 which now allows taxation of domestic 
insurance companies primarily engaged in casualty insurance business as 
casualty companies. Referred to Committee on Finance. 

H. B. 1435, Committee Substitute for H. B. 1435, a bill to exempt farm 
chemical applicators or bulk fertilizer spreaders from the registration re- 
quirements of Chapter 20. Referred to Committee on Finance. 

H. B. 1474, a bill to amend General Statute 105-60 to excuse day-care 
facilities having a tax exempt status from paying the privilege license tax 
fee. Referred to Committee on Finance. 

H. B. 1487, a bill creating emergency authority to operate water or sewer 
utility. Referred to Committee on Public Utilities. 

H. B. 1488, a bill restricting the abandonment of service by water and 
sewer utility systems without prior commission approval. Referred to 

Committee on Public Utilities. 

H. B. 1489, a bill to authorize enforcement of Chapter 62 and of the rules, 
regulations and orders of the Utilities Commission. Referred to Com- 

mittee on Public Utilities. 

H. B. 1490, a bill to authorize setting of rates in small utility cases by 
less than full commission hearing. Referred to Committee on Public 

Utilities. 

H. B. 1528, a bill to close temporarily the bear season in the First Rep- 
resentative District. Referred to Committee on Wildlife. 

H. B. 1530, a bill to amend Chapter 387 of the 1973 Session Laws, which 
amended General Statute 139-39, to authorize the board of county commis- 
sioners to establish watershed improvement districts in areas of the 
counties of Camden, Pasquotank and Perquimans. Referred to Com- 

mittee on Local Government and Regional Affairs. 



114 SENATE JOURNAL [Session 

H. B. 1556, a bill to amend General Statute 113-109.8 to include Currituck 
County in the list of counties excluded from the coverage of Article 7A, 
Chapter 113, relating to safe distances for hunting migratory wild water- 
fowl. Referred to Committee on Wildlife. 

H. B. 1557, a bill to amend General Statute 20-316 concerning depart- 
mental hearings upon lapse of liability- insurance coverage. Referred 
to Committee on Judiciary No. 2. 

H. J. R. 1619, a joint resolution congratulating the North Carolina 
Governor Morehead School wrestling and cheerleading squads. Upon 

motion of Senator Allen, the rules are suspended, and the joint resolution 
is placed on the Calendar for its immediate consideration. Passes its 

second and third readings and is ordered enrolled. 

H. B. 1702, a bill to provide for the election of the Caswell County Board 
of Education. Referred to Committee on Local Government and Re- 

gional Affairs. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as 
follows : 

S. B. 756, a bill to amend the equal protection clause of the Constitution 
of North Carolina to prohibit discrimination based on sex, upon second 
reading. The bill passes its second reading by roll-call vote, ayes 45, 

noes 2, as follows: Those voting in the affirmative are: Senators 

Alford, Allen, Allsbrook, Bagnal, Bahakel, Bob L. Barker, Robert J. Barker, 
Blanchard, Britt, Butner, Coleman, Crawford, Folger, Garrison, Godwin, 
Hardison, Harrington, Henley, Horton, Hughes, Kincaid, Kirby, Knox, 
Mauney, Mills, Moore, Mullins, Murrow, Poovey, Rauch, Raynor, Royall, 
Saunders, Scott, Sharpe, Lynwood Smith, McNeill Smith, Stallings, Staton, 
Strickland, Taylor, Webster, White, Wilkie, Williamson — 45. Those 

voting in the negative are : Senators Deane, Somers — 2. The bill 

passes its third reading by roll-call vote, ayes 45, noes 2, as follows: 
Those voting in the affirmative are: Senators Alford, Allen, Allsbrook, 
Bagnal, Bahakel, Bob L. Barker, Robert J. Barker, Blanchard, Britt, Butner, 
Coleman, Crawford, Folger, Garrison, Godwin, Hardison, Harrington, 
Henley, Horton, Hughes, Kincaid, Kirby, Knox, Mauney, Mills, Moore, 
Mullins, Murrow, Poovey, Rauch, Raynor, Royall, Saunders, Scott, Sharpe, 
Lynwood Smith, McNeill Smith, Stallings, Staton, Strickland, Taylor, 
Webster, White, Wilkie, Williamson — 45. Those voting in the nega- 

tive are: Senators Deane, Somers — 2. The bill is ordered sent to the 

House of Representatives. 

S. B. 1012, Committee Substitute for S. B. 1012, a bill to amend General 
Statute 20-80 relating to National Guard registration plates. Passes 

its second and third readings and is ordered sent to the House of Repre- 
sentatives. 

S. B. 1025, a bill to amend General Statute 15-20 to give law enforce- 
ment officers the power to issue citations to accused persons in lieu of arrest- 



1974] SENATE JOURNAL 115 

ing them, as amended, upon third reading. Senator Crawford offers 

an amendment which is adopted. The bill, as amended, passes its third 

reading and is ordered engrossed and sent to the House of Representatives. 

S. B. 1026, a bill to amend Article 7 of Chapter 130 of the General 
Statutes so as to improve procedures for maintaining vital statistics records 
regarding deaths. Upon motion of Senator Royall, consideration of 

the bill is postponed indefinitely. 

S. B. 1049, a bill to rewrite General Statute 122-85 concerning mentally 
ill convicts, as amended, upon third reading. The bill, as amended, 

passes its third reading and is ordered engrossed and sent to the House 
of Representatives. 

H. J. R. 1456, a joint resolution honoring the life and memory of Dr. 
William Albert Sams. Passes its second and third readings and is 

ordered enrolled. 

H. B. 1511, a bill to amend Article 7 of Chapter 130 of the General 
Statutes so as to improve procedures for maintaining vital statistics records 
regarding deaths. Passes its second and third readings and is ordered 

enrolled. 

Upon motion of Senator Allen, the Senate adjourns to meet tomorrow 
at 2:30 P.M. 



ONE HUNDRED TWENTY-SECOND DAY 

Senate Chamber, 
Tuesday, February 19, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. S. David Frazier, President of Peace College, 
Raleigh. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

H. J. R. 1547, a joint resolution creating the highway litter study com- 
mission. Upon motion of Senator Staton, H. J. R. 1547 is taken from 
the Committee on Transportation and re-referred to the Committee on 
Natural and Economic Resources. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 



116 SENATE JOURNAL [Session 

S. J. R. 1086, a joint resolution honoring the life, service and memory 
of James C. Dishner, humanitarian extraordinaire. 

H. J. R. 1456, a joint resolution honoring the life and memory of Dr. 
William Albert Sams. 

H. B. 1511, an act to amend Article 7 of Chapter 130 of the General 
Statutes so as to improve procedures for maintaining vital statistics records 
regarding deaths. 

H. J. R. 1619, a joint resolution congratulating the North Carolina 
Governor Morehead School wrestling and cheerleading squads. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their 
titles, together with the reports accompanying them, and take their place 
on the Calendar, as follows: 

By Senator Britt, for the Committee on Judiciary No. 2: 

S. B. 20, a bill to provide for completion of affidavits as to assets and 
liabilities of parties in actions seeking alimony or counsel fees in alimony 
or divorce actions, without prejudice. Upon motion of Senator Britt, 

the rules are suspended, and the bill is placed on the Calendar for im- 
mediate consideration. Upon motion of Senator Britt, the bill is post- 
poned indefinitely. 

S. B. 26, a bill to amend General Statute 50-10 to provide for mandatory 
jury trial in annulments, without prejudice. Upon motion of Senator 

Britt, the rules are suspended, and the bill is placed on the Calendar for 
immediate consideration. Upon motion of Senator Britt, the bill is 

postponed indefinitely. 

S. B. 52, a bill to revise the claim and delivery procedures, without 
prejudice. Upon motion of Senator Britt, the rules are suspended, 

and the bill is placed on the Calendar for immediate consideration. Upon 

motion of Senator Britt, the bill is postponed indefinitely. 

S. B. 124, a bill to amend Chapter 8 of the General Statutes by adding a 
new section to be designated Section 8-53.4 concerning communications 
between news reporters and their sources, without prejudice. Upon 

motion of Senator Britt, the rules are suspended, and the bill is placed on 
the Calendar for immediate consideration. Upon motion of Senator 

Britt, the bill is postponed indefinitely. 

S. B. 188, a bill to provide credit for time spent in a mental health facility 
for examination purposes or treatment prior to trial, without prejudice. 
Upon motion of Senator Britt, the rules are suspended, and the bill is 
placed on the Calendar for immediate consideration. Upon motion of 

Senator Britt, the bill is postponed indefinitely. 

S. B. 189, Committee Substitute for S. B. 189, a bill relating to when an 
officer may arrest without a warrant, so as to provide for arrest without 
warrant for certain violations of the Motor Vehicle Act, without preju- 



1974] SENATE JOURNAL 117 

dice. Upon motion of Senator Britt, the rules are suspended, and the 

Committee Substitute bill is placed on the Calendar for immediate con- 
sideration. Upon motion of Senator Britt, the Committee Substitute 
bill is postponed indefinitely. 

S. B. 238, a bill to amend General Statute 162-5 to provide that in those 
counties where there is no coroner, the duties of the sheriff shall be per- 
formed by a deputy sheriff when a vacancy occurs in the sheriff's office, 
without prejudice. Upon motion of Senator Britt, the rules are sus- 

pended, and the bill is placed on the Calendar for immediate considera- 
tion. Upon motion of Senator Britt, the bill is postponed indefinitely. 

S. B. 411, a bill to amend General Statute 105-361 relating to the report- 
ing of taxes due, without prejudice. Upon motion of Senator Britt, the 
rules are suspended, and the bill is placed on the Calendar for immediate 
consideration. Upon motion of Senator Britt, the bill is postponed 
indefinitely. 

S. B. 515, a bill to require the disclosure of assets by members of the 
Board of County Commissioners of Guilford County, without prejudice. 
Upon motion of Senator Britt, the rules are suspended, and the bill is 
placed on the Calendar for immediate consideration. Upon motion of 

Senator Britt, the bill is postponed indefinitely. 

S. B. 661, a bill for the private protective services, without prejudice. 
Upon motion of Senator Britt, the rules are suspended, and the bill is 
placed on the Calendar for immediate consideration. Upon motion of 

Senator Britt, the bill is postponed indefinitely. 

S. B. 716, a bill relating to failure to comply with the Criminal Justice 
Training and Standards Council regulations, without prejudice. Upon 

motion of Senator Britt, the rules are suspended, and the bill is placed on 
the Calendar for immediate consideration. Upon motion of Senator 

Britt, the bill is postponed indefinitely. 

S. B. 902, a bill to provide State remedies for victims of odometer altera- 
tion, without prejudice. Upon motion of Senator Britt, the rules are 
suspended, and the bill is placed on the Calendar for immediate considera- 
tion. Upon motion of Senator Britt, the bill is postponed indefinitely. 

S. B. 960, a bill to amend General Statute 85B-4 relating to the require- 
ments for the issuance of a license to an auctioneer, with a favorable report, 
as amended. 

H. B. 1142, a bill to amend General Statute 7A-308(a) (12) so that the 
fee collected by the clerk of superior court for the appropriation of copies, 
including transcripts, will be twenty-five cents per page, with a favorable 
report, as amended. 

H. B. 39, a bill to permit detention of public drunks in certain circum- 
stances, without prejudice. Upon motion of Senator Britt, the rules 
are suspended, and the bill is placed on the Calendar for immediate con- 
sideration. Upon motion of Senator Britt, the bill is postponed in- 
definitely. 



118 SENATE JOURNAL [Session 

H. B. 269, a bill to amend General Statute 41-2.2 to provide for joint 
ownership, by persons in addition to husband and wife, of shares of 
corporate stock, investment securities, and funds held by brokers or 
custodians, without prejudice. Upon motion of Senator Britt, the rules 

are suspended, and the bill is placed on the Calendar for immediate con- 
sideration. Upon motion of Senator Britt, the bill is postponed in- 
definitely. 

H. B. 1201, a bill to provide that a visually handicapped person may use 
a registered signature facsimile as a proper mark of his legal signature, 
with a favorable report. 

H. B. 1477, a bill to amend Chapter 47B to make clarifying editorial 
changes in the Real Property Marketable Title Act, with a favorable report. 

By Senator Harrington, for the Committee on Transportation: 

S. B. 1064, a bill to authorize the location of garbage collection containers 
by municipalities and counties on the State highway system rights-of-way, 
with a favorable report. 

H. B. 690, a bill making the present statute prohibiting the placing of 
trash on the right-of-way of a public road applicable to public roads in 
incorporated municipalities, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time and disposed of 
as follows: 

S. B. 1189, by Senator Folger, a bill to provide for the employment of 
an agricultural extension area livestock specialist to work in the northwest 
North Carolina area. Referred to Committee on Appropriations. 

S. B. 1190, by Senator Folger, a bill to amend General Statute Section 
93A-6, entitled "Revocation or Suspension of Licenses by Board." Re- 

ferred to Committee on Banking. 

S. B. 1191, by Senator Saunders, a bill authorizing the establishment of 
a town liquor control store in the Town of Liberty, Randolph County, and 
providing for the allocation of the net proceeds from the operation of such 
store. Referred to Committee on Local Government and Regional 

Affairs. 

S. B. 1192, by Senators Raynor, Williamson, Bob L. Barker, Bahakel, 
Webster, Hardison, Deane, Rhyne, Garrison, Stallings, Mills and Henley, 
a bill to require judges to review the driver's license record of the defendant 
prior to entering a prayer for judgment continued in all cases involving 
motor vehicle law violations. Referred to Committee on Judiciary 

No. 2. 

S. B. 1193, by Senator Scott, a bill to grant the State Department of 
Cultural Resources funds in the amounts of five million ten thousand two 
hundred ninety-eight dollars ($5,010,298) and thirty-six thousand dollars 






1974] SENATE JOURNAL 119 

($36,000) for State aid to public libraries and Division of State Library 
Film Services respectively. Referred to Committee on Appropriations. 

S. B. 1194, by Senators Rhyne, Rauch and Mauney, a bill to require 
parental signatures on report cards in the Gaston County school sys- 
tem. Referred to Committee on Education. 

S. B. 1195, by Senator Taylor, a bill to amend the Adoptions Law to 
provide that a parent shall not be a necessary party to adoption proceeding 
initiated subsequent to termination of his parental rights by a district 
court. Referred to Committee on Judiciary No. 1. 

S. B. 1196, by Senators Taylor and Wilkie, a bill to permit the Board of 
Paroles to grant temporary parole to a committed youthful offender within 
the last 90 days of his confinement. Referred to Committee on Social 

Rehabilitation and Control and Law Enforcement. 

S. B. 1197, by Senators Deane, Hardison, Williamson, Strickland, Garri- 
son, Allen, Folger, Raynor, Scott, Royall, Saunders, White, Staton, Henley, 
Stallings, and Blanchard, a bill to provide an additional appropriation to 
the State Board of Education over that recommended by the Advisory 
Budget Commission for certain budget items of the State Public School 
Fund. Referred to Committee on Appropriations. 

S. B. 1198, by Senator Alford, a bill to repeal General Statute 115-161. 
Referred to Committee on Education. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and dis- 
posed of as follows: 

H. B. 1513, a bill creating the "North Carolina National Guard Meritorious 
Service Medal" and the "North Carolina National Guard State Duty Award" 
to honor those members of the North Carolina National Guard who have 
distinguished themselves and this State. Referred to Committee on 

Veterans and Military Affairs. 

H. B. 1534, a bill requiring all occupational licensing boards, which fi- 
nancially operate on the licensing fees charged and that occupy State-owned 
office space, to pay rent to the State for the occupancy of such space. 
Referred to Committee on Finance. 

H. B. 1535, a bill relating to audits of occupational licensing boards. 
Referred to Committee on Finance. 

H. B. 1561, a bill to amend General Statute 105-277.4 to make clear that 
a lien resulting from taxes due would attach only to the parcel of property 
as provided in General Statute 105-355 (a). Referred to Committee on 

Finance. 



120 SENATE JOURNAL [Session 

H. B. 1562, a bill to amend General Statute 105-277.4 to eliminate the 
imposition of deferred taxes at the time of transfer of ownership to 
family members, and to extend the period of listing under the Section. 
Referred to Committee on Finance. 

H. B. 1574, a bill repealing General Statute 66-29 relating to agreements 
for spraying and pruning nursery stock. Referred to Committee on 

Agriculture. 

H. J. R. 1577, a joint resolution honoring the life and memory of Mewborn 
Braxton Wilson, businessman and industrial leader. Referred to Com- 

mittee on Rules and Operation of the Senate. 

H. B. 1594, a bill to amend General Statute 113-104 with respect to 
hunting with unplugged shotguns. Referred to Committee on Wildlife. 

H. H. 1595, a bill to provide further protection for bear and wild 
turkey. Referred to Committee on Wildlife. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

S. B. 984, a bill to amend Chapter 221, Public-Local Laws of 1935, re- 
lating to primary elections for county commissioners in Columbus Coun- 
ty. Passes its second and third readings and is ordered sent to the 
House of Representatives, without objection, by special messenger. 

S. B. 1008, a bill to ratify, approve, confirm and validate all proceedings 
taken by the Board of Commissioners of the County of Jackson in connec- 
tion with the authorization of two hundred fifty thousand dollars ($250,000) 
water bonds and two hundred fifty thousand dollars ($250,000) sanitary 
sewer bonds of said County and the calling and holding of an election 
thereof, upon second reading. The bill passed its second reading by 

roll-call vote, ayes 42, noes 0, as follows: Those voting in the affirma- 

tive are: Senators Alford, Allen, Allsbrook, Bagnal, Bahakel, Bob L. 
Barker, Robert J. Barker, Blanchard, Britt, Butner, Coleman, Crawford, 
Deane, Folger, Garrison, Godwin, Hardison, Harrington, Henley, Horton, 
Hughes, Mauney, Mills, Moore, Mullins, Poovey, Rauch, Raynor, Rhyne, 
Royall, Saunders, Scott, Sharpe, Lynwood Smith, McNeill Smith, Stallings, 
Staton, Strickland, Webster, White, Wilkie, Williamson — 42. The bill 

remains on the Calendar. 

S. B. 1050, a bill to authorize an additional magistrate for Burke 
County. The bill passes its second reading. Upon motion of 

Senator Knox, the bill is placed on the Calendar for Thursday, February 
21, for its third reading. 

S. B. 1051, a bill to authorize an additional magistrate for Caldwell 
County. Upon motion of Senator Knox, consideration of the bill is 

postponed until Thursday, February 21. 



1974] SENATE JOURNAL 121 

S. J. R. 1056, a joint resolution authorizing a legislative commission to 
study the dairy industry of this State. Senator Bob L. Barker offers an 

amendment which is adopted. The joint resolution, as amended, passes 

its second and third readings and is ordered engrossed and sent to the 
House of Representatives. 

S. B. 1062, a bill to amend General Statute 67-13, relating to the payment 
of damages to persons or property injured by dogs so as to exempt Avery 
County from said Act. Passes its second and third readings and is 

ordered sent to the House of Representatives. 

S. B. 1069, a bill to amend Chapter 754, 1971 Session Laws relative to 
the time persons elected to the Charlotte-Mecklenburg Board of Education 
shall take office. Senator Moore offers an amendment which is 

adopted. The bill, as amended, passes its second and third readings 

and is ordered engrossed and sent to the House of Representatives. 

S. B. 1074, a bill to authorize the City of Sanford to expend non-tax 
funds for the celebration of its one hundredth anniversary through a non- 
profit corporation. Passes its second and third readings and is ordered 
sent to the House of Representatives. 

S. B. 1075, a bill to authorize the Alcoholic Beverage Control Board of 
Mecklenburg County to trade a parcel of land to straighten out a property 
line. Passes its second and third readings and is ordered sent to the 

House of Representatives. 

S. B. 1077, a bill to amend Chapter 713 of the Session Laws of 1965, as 
amended, being the charter of the City of Charlotte, relating to the organi- 
zational meeting of city council. Passes its second and third readings 
and is ordered sent to the House of Representatives. 

H. B. 1162, a bill to amend Article 12 of Chapter 130 of the General 
Statutes relating to the powers of sanitary districts and bidding proce- 
dures. Upon motion of Senator Britt, consideration of the bill is 
postponed until Thursday, February 21. 

H. B. 1365, Committee Substitute for H. B. 1365, a bill to amend Chapter 
572 of the Session Laws of 1973 relating to the transfer of membership 
from certain retirement systems to the Law Enforcement Officers' Benefit 
and Retirement Fund. Passes its second and third readings and is 

ordered enrolled. 

H. B. 1428, a bill to designate the State Auditor in lieu of the State In- 
surance Commissioner as Chairman of the Board of Trustees of the North 
Carolina Firemen's Pension Fund. Passes its second and third read- 

ings and is ordered enrolled. 

H. B. 1447, Committee Substitute for H. B. 1447, a bill to add Alamance 
County to the provisions of Article 9B of Chapter 44 of the General Statutes 
relating to attachment or garnishment and lien for ambulance service in 
certain counties, and to delete Alamance County from the provisions of 
Chapter 964 of the 1967 Session Laws. The Committee Substitute bill 



122 SENATE JOURNAL [Session 

passes its second reading. Upon objection of Senator Wilkie to its 

third reading, the Committee Substitute bill remains on the Calendar. 

H. B. 1471, a bill to reorganize and consolidate the Lincolnton City Board 
of Education and the Lincoln County Board of Education and to create and 
establish one administrative board for all of the public schools in Lincoln 
County. Passes its second and third readings and is ordered enrolled. 

H. B. 1482, a bill to amend Chapter 743 of the Session Laws of 1951 
relating to the nomination and election of members of the Transylvania 
County Board of Education. Upon motion of Senator Taylor, con- 

sideration of the bill is postponed until Thursday, February 21. 

H. B. 1498, a bill to add Stanly County to the provisions of Article 9B 
of Chapter 44 of the General Statutes relating to attachment or garnishment 
and lien for ambulance service in certain counties. Upon motion of 

Senator Garrison, the Committee amendment is adopted. The bill, as 

amended, passes its second reading. Upon objection of Senator Rhyne 

to its third reading, the bill, as amended, remains on the Calendar. 

Upon motion of Senator Allen, the Senate adjourns to meet tomorrow 
at 2:30 P.M. 



ONE HUNDRED TWENTY-THIRD DAY 

Senate Chamber, 
Wednesday, February 20, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Rauch for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

The President grants leave of absence to Senator Coleman for today. 

S. B. 1191, upon motion of Senator Stallings, S. B. 1191, a bill authorizing 
the establishment of a town liquor control store in the Town of Liberty, 
Randolph County, and providing for the allocation of the net proceeds from 
the operation of such store, is taken from the Committee on Local Govern- 
ment and Regional Affairs and re-referred to the Committee on Alcoholic 
Beverage Control. 

H. B. 1094, upon motion of Senator Knox, H. B. 1094, a bill to amend 
General Statute 135-4 (a) so as to modify the provisions for creditable 
service, is taken from the Committee on Courts and Judicial Districts and 
re-referred to the Committee on State Government. 



1974] SENATE JOURNAL 123 

H. B. 1487, H. B. 1488, H. B. 1489. Upon motion of Senator Webster, 

H. B. 1487, a bill creating emergency authority to operate water or sewer 
utility, H. B. 1488, a bill restricting the abandonment of service by water 
and sewer utility systems without prior commission approval, and H. B. 
1489, a bill to authorize enforcement of Chapter 62 and of the rules, regu- 
lations and orders of the Utilities Commission are taken from the Com- 
mittee on Public Utilities and re-referred to the Committee on Natural and 
Economic Resources. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

H. B. 1365, an act to amend Chapter 572 of the Session Laws of 1973 re- 
lating to the transfer of membership from certain retirement systems to 
the Law Enforcement Officers' Benefit and Retirement Fund. 

H. B. 1428, an act to designate the State Auditor in lieu of the State In- 
surance Commissioner as Chairman of the Board of Trustees of the North 
Carolina Firemen's Pension Fund. 

H. B. 1471, an act to reorganize and consolidate the Lincolnton City Board 
of Education and the Lincoln County Board of Education and to create and 
establish one administrative board for all the public schools in Lincoln 
County. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their 
titles, together with the reports accompanying them, and take their place 
on the Calendar, as follows: 

By Senator White, for the Committee on Agriculture: 

S. B. 302, a bill to amend Article 28B of Chapter 106 of the General 
Statutes relating to the authority of the North Carolina Milk Commission 
to establish wholesale prices for milk and milk products, without preju- 
dice. Upon motion of Senator White, the rules are suspended, and the 
bill is placed on the Calendar for immediate consideration. Upon mo- 
tion of Senator White, the bill is postponed indefinitely. 

S. R. 530, a Senate resolution commending efforts to reduce consumption 
of meat in North Carolina as a means of causing a reduction in the cost 
thereof, without prejudice. Upon motion of Senator White, the rules 

are suspended, and the resolution is placed on the Calendar for immediate 
consideration. Upon motion of Senator White, the resolution is post- 

poned indefinitely. 

S. R. 968, a Senate resolution opposing increase or suspension in flue-cured 
tobacco quotas, without prejudice. Upon motion of Senator White, the 

rules are suspended, and the resolution is placed on the Calendar for immedi- 



124 SENATE JOURNAL [Session 

ate consideration. Upon motion of Senator White, the resolution is 

postponed indefinitely. 

S. B. 982, a bill to provide for collection and publication of agricultural 
information on a biennial basis, with an unfavorable report. 

By Senator Knox, for the Committee on Courts and Judicial Districts: 

S. B. 687, a bill to delete obsolete nomenclature and make technical 
changes in various sections of Chapter 15 of the General Statutes, with a 
favorable report, as amended. 

S. B. 1089, a bill to amend General Statute 7A-172 to raise the authorized 
maximum salary for magistrates, with a favorable report. Upon mo- 

tion of Senator Knox, the bill is re-referred to the Committee on Appropri- 
tions. 

S. B. 1120, a bill to establish a uniform clerks of superior court retirement 
system, with a favorable report, as amended. Upon motion of Senator 

Knox, the bill is re-referred to the Committee on Appropriations. 

By Senator McNeill Smith, for the Committee on Highway Safety: 

S. B. 1084, a bill to amend General Statute 20-183.3 concerning the in- 
spection of a vehicle exhaust system, with an unfavorable report. 

By Senator Saunders, for the Committee on Manufacturing, Labor, and 
Commerce : 

S. B. 1102, a bill to amend Article 7 of Chapter 95 of the General Statutes 
relating to boiler certificate and inspection fees, with an unfavorable report 
as to bill, favorable as to Committee Substitute bill. Upon motion of 

Senator Saunders, the Committee Substitute bill is placed on today's 
Calendar. 

By Senator Staton, for the Committee on Natural and Economic Re- 
sources: 

S. B. 1031, a bill creating emergency authority to operate water or sewer 
utility, with a favorable report. 

S. B. 1032, a bill restricting the abandonment of service by water and 
sewer utility systems without prior commission approval, with a favorable 
report. 

S. B. 1033, a bill to authorize enforcement of Chapter 62 and of the rules, 
regulations and orders of the Utilities Commission, with a favorable report. 

S. B. 1035, a bill establishing guidelines for establishing charges and 
setting rates of water and sewer utilities, with a favorable report. 

H. B. 1257, a bill to amend the Natural and Scenic Rivers Act of 1971, 
with a favorable report, as amended. Upon motion of Senator Staton, 

the bill is placed on the Calendar for Tuesday, February 26. 



1974] SENATE JOURNAL 125 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time and disposed of, 
as follows: 

S. B. 1199, by Senators Hardison, Bob L. Barker, Royall, Garrison, Robert 
J. Barker, Webster, Deane, Blanchard, Williamson, Raynor, Strickland, 
Mills, Britt, Folger, Lynwood Smith, McNeill Smith, and Henley, a bill to 
amend General Statute 135-6 to increase the membership of the Retirement 
Systems Board of Trustees. Referred to Committee on State Govern- 

ment. 

S. B. 1200, by Senators Garrison, Williamson, Stallings, Butner, and 
Webster, a bill to make an appropriation to the State Board of Education 
for the purpose of increasing salaries in community colleges and technical 
institutes to the average salary level prevailing in similar public institu- 
tions in the Southeastern states. Referred to Committee on Appropri- 
ations. 

S. B. 1201, by Senator Mills, a bill to amend General Statute 160A-64(a) 
to authorize travel and expense allowances for elected municipal offi- 
cials. Referred to Committee on Local Government and Regional Af- 
fairs. 

S. B. 1202, by Senator Mills, a bill to preserve four-year straight terms 
for elected officials in certain municipalities. Referred to Committee 

on Local Government and Regional Affairs. 

S. B. 1203, by Senator Strickland, a bill to amend the General Statutes 
relating to the definition of law enforcement officers and to allow custodial 
personnel of the Department of Social Rehabilitation and Control and in 
particular the Department of Corrections to transfer membership from the 
Teachers' and State Employees' Retirement System to the Law Enforce- 
ment Officers' Benefit and Retirement Fund. Referred to Committee on 
State Government. 

S. B. 1204, by Senator Strickland, a bill to appropriate additional funds 
to the Division of Mental Health Services, Department of Human Resources, 
to provide capital improvements at O'Berry Center. Referred to Com- 

mittee on Appropriations. 

S. B. 1205, by Senators Rhyne, Mauney, and Rauch, a bill to exempt volun- 
teer rescue squads and lifesaving crews of Cleveland, Gaston, Lincoln and 
Rutherford Counties from the requirements of General Statute 130-233 (a) 
(b)(c) and (d). Referred to Committee on Judiciary No. 1. 

S. B. 1206, by Senator Henley, a bill to amend Article 7A of Chapter 54 
of the General Statutes of North Carolina concerning the regulation of 
mutual deposit guaranty associations. Referred to Committee on In- 

surance. 

S. B. 1207, by Senator Henley, a bill to amend General Statute 18A-34 
concerning minors on the licensed premises. Referred to Committee 

on Judiciary No. 1. 



126 SENATE JOURNAL [Session 

S. J. R. 1208, by Senators Henley and Raynor, a joint resolution com- 
memorating the life and memory of Joseph A. Smith. Referred to 
Committee on Rules and Operation of the Senate. 

S. B. 1209, by Senator Henley, a bill relating to regulation of emergency 
medical services. Referred to Committee on Public Health and Re- 

sources. 

S. B. 1210, by Senators White, Alford, and Henley, a bill to provide for 
the employment of instructional and support specialists in the public schools 
through an allocation of funds on a per pupil basis. Referred to Com- 

mittee on Appropriations. 

S. B. 1211, by Senator Williamson, a bill to authorize the Town of Boiling 
Spring Lakes to hold an election for the sale of beer for off -premise con- 
sumption. Referred to Committee on Alcoholic Beverage Control. 

S. B. 1212, by Senator Williamson, a bill amending General Statute 
148-52 so as to establish the annual salary of the chairman and members 
of the Board of Paroles. Referred to Committee on Appropriations. 

S. B. 1213, by Senators Bob L. Barker, Staton, and Robert J. Barker, a 
bill to prevent the taking of deer with dogs in Wake County. Referred 

to Committee on Wildlife. 

S. B. 1214, by Senator Knox, a bill to amend General Statute 7A-451(a) 
and add General Statute 148-62.1 to provide counsel for indigents in certain 
parole revocation proceedings. Referred to Committee on Courts and 

Judicial Districts. 

S. B. 1215, by Senators Knox and Moore, a bill to appropriate one million 
dollars, ($1,000,000) for the State Financial Assistance and Social Services 
Contingency Fund established by General Statute 108-54.1. Referred 

to Committee on Appropriations. 

S. B. 1216, by Senator Knox, a bill to amend Chapter 108 of the General 
Statutes relating to the financing of programs of financial assistance and 
programs of social services. Referred to Committee on Public Health 

and Resources. 

S. B. 1217, by Senators Britt and Godwin, a bill to appropriate funds from 
the General Fund to the Judicial Department for salary increases for 
magistrates. Referred to Committee on Appropriations. 

S. B. 1218, by Senator McNeill Smith, a bill to correct a technical error 
in Chapter 476, Section 128 of the 1973 Session Laws pertaining to con- 
forming changes to effectuate reorganization. Referred to Committee 
on Highway Safety. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and dis- 
posed of, as follows: 



1974] SENATE JOURNAL 127 

H. B. 1491, Committee Substitute for H. B. 1491, a bill establishing 
guidelines for establishing charges and setting rates of water and sewer 
utilities. Referred to Committee on Natural and Economic Resources. 

H. B. 1590, a bill to amend Chapter 101, Session Laws of 1973, relating 
to the Columbus County Public Safety Commission and County Police 
Force. Referred to Committee on Local Government and Regional 

Affairs. 

H. B. 1597, a bill to prevent the spread of disease among native popula- 
tions of wild turkey. Referred to Committee on Wildlife. 

H. B. 1614, a bill to prohibit fishing by wading in Currituck Sound, Curri- 
tuck County. Referred to Committee on Wildlife. 

H. B. 1622, a bill to amend Chapter 653, Session Laws of 1965, to enlarge 
the jurisdiction of ABC officers employed by the Lexington ABC Board. 
Referred to Committee on Local Government and Regional Affairs. 

H. B. 1623, a bill to provide for compensation of the members of the Hyde 
County Board of Education. Referred to Committee on Local Govern- 

ment and Regional Affairs. 

H. B. 1624, a bill to amend Chapter 195 of the 1967 Session Laws to 
increase the percentage of the net profits from ABC revenue to go toward 
law enforcement in Concord. Referred to Committee on Local Govern- 

ment and Regional Affairs. 

H. B. 1632, a bill directing that members of Vance County Board of 
Alcoholic Control shall be selected by certain designated officials. Re- 

ferred to Committee on Local Government and Regional Affairs. 

H. B. 1646, a bill to extend the municipal limits of the Town of Beau- 
fort. Referred to Committee on Local Government and Regional 
Affairs. 

H. B. 1655, a bill to amend Chapter 918 of the 1951 Session Laws re- 
lating to employees' retirement system of the City of Wilmington. Re- 
ferred to committee on Local Government and Regional Affairs. 

H. B. 1656, a bill to amend Chapter 684 of the 1949 Session Laws as 
amended relating to the firemen's pension fund of the City of Wilming- 
ton. Referred to Committee on Local Government and Regional Affairs. 

H. B. 1657, a bill to amend Chapter 253, Session Laws of 1967, relating to 
the charter of the City of Wilmington in New Hanover County. Re- 

ferred to Committee on Local Government and Regional Affairs. 

H. B. 1660, a bill to amend General Statute 115-29 to provide additional 
compensation for the chairman and members of the Chowan County Board 
of Education. Referred to Committee on Local Government and Re- 

gional Affairs. 

H. B. 1664, a bill to amend Chapter 713 of the Session Laws of 1965, as 
amended, being the charter of the City of Charlotte relative to employ- 



128 SENATE JOURNAL [Session 

ment. Referred to Committee on Local Government and Regional 

Affairs. 

H. B. 1699, a bill to provide staggered terms for the Stokes County Board 
of Commissioners. Referred to Committee on Local Government and 

Regional Affairs. 

H. B. 1717, a bill to amend Chapter 522 of the 1971 Session Laws relating 
to the Wilson County Board of Education. Referred to Committee on 

Local Government and Regional Affairs. 

H. B. 1727, a bill to provide a supplemental retirement fund for firemen 
in the Town of Smithfield and to modify the application of General Statute 
118-5, General Statute 118-6, and General Statute 118-7 to the Town of 
Smithfield. Referred to Committee on Local Government and Regional 

Affairs. 

H. B. 1730, a bill to provide for the creation of an interim board of educa- 
tion for Wilson County and the subsequent consolidation of the Wilson City 
School Administrative Unit, the Elm City Administrative Unit, and the 
Wilson County Administrative Unit. Referred to Committee on Local 

Government and Regional Affairs. 

H. B. 1734, a bill to amend Chapter 159 of the General Statutes which 
requires the Albemarle Hospital, a county hospital, to file copies of its 
annual budget with the board of county commissioners or the budget 
officer for the purpose of publication. Referred to Committee on Local 

Government and Regional Affairs. 

H. B. 1735, a bill to prohibit the use of a rifle or pistol in Pasquotank 
County while deer or bear hunting when said rifle or pistol has a bore 
larger than .220 calibre. Referred to Committee on Wildlife. 

H. B. 1741, a bill to alter the membership of the Rocky Mount Planning 
Board and Board of Adjustment. Referred to Committee on Local 

Government and Regional Affairs. 

H. B. 1745, a bill to establish a lien and provide for the use of attachment 
and garnishment for collection of solid waste collection service charges in 
Guilford County. Referred to Committee on Local Government and 

Regional Affairs. 

H. B. 1746, a bill to amend Chapter 220 of the 1973 Session Laws which 
established the limits of authority of the Guilford County Manager. 
Referred to Committee on Local Government and Regional Affairs. 

H. B. 1747, a bill to transfer certain land from the State of North Caro- 
lina to the Granville County Board of Education. Referred to Com- 
mittee on State Governments. 

H. B. 1748, a bill to permit the county commissioners of Granville County 
to appoint the Granville County Board of Alcoholic Control. Referred 

to Committee on Local Government and Regional Affairs. 



1974] SENATE JOURNAL 129 

H. B. 1749, a bill to empower Granville Hospital to use attachment and 
garnishment procedures for collecting unpaid bills. Referred to Com- 

mittee on Local Government and Regional Affairs. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

S. B. 960, a bill to amend General Statute 85B-4 relating to the require- 
ments for the issuance of a license to an auctioneer. Upon motion of 
Senator Britt, the Committee amendment is adopted. The bill, as 
amended, passes its second and third readings and is ordered engrossed and 
sent to the House of Representatives. 

S. B. 1008, a bill to ratify, approve, confirm and validate all proceedings 
taken by the Board of Commissioners of the County of Jackson in connec- 
tion with the authorization of two hundred fifty thousand dollars ($250,000) 
water bonds and two hundred fifty thousand dollars ($250,000) sanitary 
sewer bonds of said County and the calling and holding of an election there- 
on, upon third reading. The bill passes its third reading by roll-call 
vote, ayes 41, noes 0, as follows: Those voting in the affirmative are: 
Senators Alford, Allen, Allsbrook, Bagnal, Bahakel, Bob L. Barker, Robert 
J. Barker, Blanchard, Britt, Butner, Crawford, Deane, Folger, Garrison, 
Gudger, Hardison, Henley, Horton, Kincaid, Kirby, Mauney, Mills, Moore, 
Murrow, Poovey, Rauch, Raynor, Rountree, Royall, Saunders, Scott, Sharpe, 
Lynwood Smith, McNeill Smith, Stallings, Staton, Strickland, Taylor, 
Webster, White, Wilkie — 41. The bill is ordered sent to the House 
of Representatives. 

S. B. 1064, a bill to authorize the location of garbage collection contain- 
ers by municipalities and counties on the State highway system rights-of- 
way. Senator Bahakel offers an amendment which is adopted. 
The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 1102, Committee Substitute for S. B. 1102, a bill to amend Article 
7 of Chapter 95 of the General Statutes relating to boiler certificate and 
inspection fees. Upon motion of Senator Saunders, the Committee 

Substitute is adopted and remains upon the Calendar. 

H. B. 690, a bill making the present statute prohibiting the placing of 
trash on the right-of-way of a public road applicable to public roads in 
incorporated municipalities. Passes its second and third readings and 

is ordered enrolled. 

H. B. 1142, a bill to amend General Statute 7A-308(a) (12) so that the fee 
collected by the clerk of superior court for the appropriation of copies, in- 
cluding transcripts, will be twenty-five cents per page. Upon motion 
of Senator Britt, the Committee amendment is adopted. The bill, as 
amended, passes its second and third readings and is ordered sent to the 
House of Representatives for concurrence in the Senate amendment. 



130 SENATE JOURNAL [Session 

H. B. 1201, a bill to provide that a visually handicapped person may use 
a registered signature facsimile as a proper mark of his legal signature. 
Passes its second and third readings and is ordered enrolled. 

H. B. 1433, a bill to designate the New River as a scenic river area. 
Passes its second and third readings and is ordered enrolled. 

H. B. 1447, Committee Substitute for H. B. 1447, a bill to add Alamance 
County to the provisions of Article 9B of Chapter 44 of the General Statutes 
relating to attachment or garnishment and lien for ambulance service in 
certain counties, and to delete Alamance County from the provisions of 
Chapter 964 of 1967 Session Laws, upon third reading. The Committee 

Substitute bill passes its third reading and is ordered enrolled. 

H. B. 1477, a bill to amend Chapter 47B to make clarifying editorial 
changes in the Real Property Marketable Title Act. Passes its second 

and third readings and is ordered enrolled. 

H. B. 1498, a bill to add Stanly County to the provisions of Article 9B 
of Chapter 44 of the General Statutes relating to attachment or garnishment 
and lien for ambulance service in certain counties, as amended, upon third 
reading. The bill, as amended, passes its third reading and is ordered 

sent to the House of Representatives for concurrence in the Senate amend- 
ment. 

Upon motion of Senator Allen, the Senate adjourns to meet tomorrow at 
2:30 P.M. 



ONE HUNDRED TWENTY-FOURTH DAY 

Senate Chamber, 
Thursday, February 21, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

The President grants leaves of absence to Senator Moore for today, and 
to Senator Knox for tomorrow, February 22. 

S.' B. 1216, upon motion of Senator Royall, S. B. 1216, a bill to amend 
Chapter 108 of the General Statutes relating to the financing of programs 
of financial assistance and programs of social services, is taken from the 
Committee on Public Health and Resources and re-referred to the Com- 
mittee on Appropriations. 

H. B. 1146, upon motion of Senator Kirby, H. B. 1146, a bill to amend 
General Statute 160A-101 so as to provide an additional mode of electing 



1974] SENATE JOURNAL 131 

the governing body of municipalities, is taken from the Committee on 
Calendar and re-ferred to the Committee on Judiciary No. 2. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

H. B. 690, an act making the present statute prohibiting the placing 
of trash on the right-of-way of a public road applicable to public roads 
in incorporated municipalities. 

H. B. 1201, an act to provide that a visually handicapped person may 
use a registered signature facsimile as a proper mark of his legal signature. 

H. B. 1433, an act to designate the New River as a scenic river area. 

H. B. 1447, an act to add Alamance County to the provisions of Article 
9B of Chapter 44 of the General Statutes relating to attachment or garnish- 
ment and lien for ambulance service in certain counties, and to delete 
Alamance County from the provisions of Chapter 964 of the 1967 Session 
Laws. 

H. B. 1477, an act to amend Chapter 47B to make clarifying editorial 
changes in the Real Property Marketable Title Act. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Allsbrook, for the Committee on Judiciary No. 1 : 

S. B. 924, a bill relating to the issuance of capias, with a favorable report. 

S. B. 1090, a bill to amend Chapter 84 relative to the North Carolina 
State Bar, with a favorable report. 

S. B. 1132, a bill to prescribe the procedure to be followed upon acquittal 
of a criminal defendant on grounds of mental illness, with a favorable re- 
port, as amended. 

H. B. 395, a bill to provide that the dispension of paregoric be made 
only pursuant to a lawful prescription, with an unfavorable report. 

By Senator Britt, for the Committee on Judiciary No. 2 : 

S. B. 441, a bill to supplement the Federal Laboratory Animal Welfare 
Act (P.L. 89-544) as amended, to provide standards for the care of animals 
in animal shelters, pounds and pet shops, and to regulate dealers, dog 
wardens, and commercial kennels, without prejudice. Upon motion of 

Senator Britt, the rules are suspended, and the bill is placed on the 
Calendar for immediate consideration. Upon motion of Senator 

Britt, the bill is postponed indefinitely. 



132 SENATE JOURNAL [Session 

S. B. 1016, a bill to amend various sections of the General Statutes to 
make technical corrections, with a favorable report, as amended. 

S. B. 1052, a bill to make technical amendments to General Statute 
55-45 (a), 55-19 (a), 55-20 (b) and 55-21 (a), with a favorable report. 

S. B. 1058, a bill to release persons or firms from liability for paying 
money to the escheat fund, with a favorable report. 

S. B. 1067, a bill to raise the liability limits for tort claims of State 
departments, institutions and agencies from twenty thousand dollars 
($20,000) to fifty thousand dollars ($50,000), with a favorable report, 
as amended. 

S. B. 1100, a bill to amend General Statute 20-139.1 (c) to provide that 
employing institutions will not be liable as a result of blood tests made 
pursuant to this section except in the case of negligence, with an un- 
favorable report. 

H. B. 528, a bill to revise the statutes relating to venue of corporations, 
with a favorable report. 

By Senator Stallings, for the Committee on Local Government and 
Regional Affairs: 

H. B. 1518, a bill to annex certain area into the Town of Garysburg, 
with a favorable report. 

H. B. 1646, a bill to extend the municipal limits of the Town of Beaufort, 
with a favorable report. 

By Senator Royall, for the Committee on Public Health and Resources : 

S. B. 1066, a bill to change the name of the Commission for Medical 
Facility Services and Licensure to the North Carolina Medical Care Com- 
mission, with a favorable report. 

S. B. 1170, a bill to provide federal food stamp programs in all counties 
of the State, with a favorable report. 

S. B. 1209, a bill relating to regulation of emergency medical services, 
with a favorable report. Upon motion of Senator Royall, the bill is 

placed on the Calendar for Wednesday, February 27. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

3. B. 1219, by Senator Wilkie, a bill to create the Henderson County 
fire commission and to define its duties and responsibilities. Referred 

to Committee on Local Government and Regional Affairs. 

S. B. 1220, by Senator Kincaid, a bill to amend Chapter 546, Session 
Laws of 1963, to determine the distribution of certain income from the 
beverage control stores of the Town of Granite Falls. Referred to 

Committee on Alcoholic Beverage Control. 



1974] SENATE JOURNAL 133 

S. B. 1221, by Senator Horton, a bill to authorize the development of a 
comprehensive multi-modal transportation plan for the State of North 
Carolina. Referred to the Committee on Transportation. 

S. B. 1222, by Senator Knox, a bill to appropriate funds to compensate 
counsel for indigent defendants at parole revocation hearing. Referred 

to Committee on Appropriations. 

S. B. 1223, by Senators Alford and Kirby, a bill to except Vance County 
from Sedimentation Pollution Act of 1973. Referred to Committee 

on Natural and Economic Resources. 

S. B. 1224, by Senators Raynor, Stallings, Allsbrook, Williamson, Kirby, 
White, Harrington, Hardison, Alford, Mills, Strickland, Garrison and 
Henley, a bill to appropriate funds to the Department of Human Resources 
to develop an alcoholism training program for North Carolina. Re- 

ferred to Committee on Appropriations. 

S. B. 1225, by Senators Kirby and Britt, a bill to rewrite General Statute 
44A-24 pertaining to false written statements in connection with improve- 
ment of real property. Referred to Committee on Judiciary No. 2. 

S. B. 1226, by Senators Kirby and Britt, a bill pertaining to the modifica- 
tion of land records in the office of the Register of Deeds. Referred to 
Committee on Judiciary No. 2. 

S. B. 1227, by Senators Bahakel, Webster, Strickland, Garrison, William- 
son, Royall, Godwin, Bob L. Barker, Raynor, Mills, Mauney, Staton, Blan- 
chard, White, Folger, Alford, Wilkie, Somers, Coleman, Kirby, Saunders, 
Knox, Henley, Deane, Hardison, Murrow, Rhyne, Britt, Gudger, and Mullins, 
a bill to provide to local school administrative units increased support for 
occupational education programs through fund allocations on a per pupil 
basis. Referred to Committee on Appropriations. 

S. B. 1228, by Senator Scott, a bill to amend General Statute 143B-179 
to increase the membership of the Council on Developmental Disabilities 
of the Department of Human Resources. Referred to Committee on 

State Policies. 

S. B. 1229, by Senators Staton, Folger, Horton and Lynwood Smith, a 
bill to amend the Workmen's Compensation Act regarding the duration of 
benefits. Referred to Committee on Manufacturing, Labor and Com- 

merce. 

S. B. 1230, by Senators Staton, Folger, Horton and Lynwood Smith, a 
bill to amend the Workmen's Compensation Act regarding coverage of 
certain employers and employees. Referred to Committee on Manu- 

facturing, Labor and Commerce. 

S. B. 1231, by Senators Staton, Folger, Horton and Lynwood Smith, a 
bill to amend the Workmen's Compensation Act regarding accidents taking 
place outside the State. Referred to Committee on Manufacturing, 

Labor and Commerce. 



134 SENATE JOURNAL | Session 

S. B. 1232, by Senators Staton, Folger, Horton and Lynwood Smith, a 
bill to extend the time limitation for filing and reopening certain claims 
under the provisions of the Workmen's Compensation Act. Referred 

to Committee on Manufacturing, Labor and Commerce. 

S. B. 1233, by Senators Staton, Folger, Horton and Lynwood Smith, a 
bill to amend the Workmen's Compensation Act regarding the numerical 
exemption. Referred to Committee on Manufacturing, Labor and 

Commerce. 

S. B. 1234, by Senators Staton, Folger, Horton and Lynwood Smith, a 
bill to amend the Workmen's Compensation Act regarding the maximum 
amount of weekly benefits. Referred to Committee on Manufacturing, 

Labor and Commerce. 

S. B. 1235, by Senators Staton, Folger, Horton and Lynwood Smith, a 
bill to provide that medical expenses in asbestosis and silicosis cases shall 
come under the Workmen's Compensation Act. Referred to Committee 

on Manufacturing, Labor and Commerce. 

S. B. 1236, by Senators Allen, Bagnal, Garrison, Rhyne, and Strickland, 
a bill to fund the North Carolina Transportation Safety Center. Re- 

ferred to Committee on Appropriations. 

S. B. 1237, by Senators Bob L. Barker and Garrison, a bill to amend 
General Statute 86-15 relating to the fees of the State Board of Barber 
Examiners. Referred to Committee on Finance. 

S. B. 1238, by Senators Gudger, Robert J. Barker, Bob L. Barker and 
Bahakel, a bill to establish equal educational opportunities in the public 
schools; and for other purposes. Referred to Committee on Appropri- 

ations. 

S. B. 1239, by Senators Stallings, Garrison, Bob L. Barker and Staton, a 
bill to authorize cities and counties to create environmental quality advisory 
boards. Referred to Committee on Local Government and Regional 

Affairs. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills, and resolutions, which are read the first time and dis- 
posed of as follows: 

H. B. 1659, a bill to amend the Local Government Bond Act with respect 
to the maturity schedule of bonds by correcting a transcription error. 
Referred to Committee on State Policies. 

H. B. 1729, a bill to repeal General Statute 153A-21 so as to provide 
consistency in General Statute Chapter 153A. Referred to Committee 

on State Policies. 



1974] SENATE JOURNAL 135 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

S. B. 687, a bill to delete obsolete nomenclature and make technical 
changes in various sections of Chapter 15 of the General Statutes. 
Upon motion of Senator Knox, the Committee amendment is adopted. 
The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 1031, a bill creating emergency authority to operate water or 
sewer utility. Upon motion of Senator Staton, consideration of the 

bill is postponed until Monday, February 25. 

S. B. 1032, a bill restricting the abandonment of service by water and 
sewer utility systems without prior commission approval. Upon 

motion of Senator Staton, consideration of the bill is postponed until 
Monday, February 25. 

S. B. 1033, a bill to authorize enforcement of Chapter 62 and of the 
rules, regulations and orders of the Utilities Commission. Upon motion 

of Senator Staton, consideration of the bill is postponed until Monday, 
February 25. 

S. B. 1035, a bill establishing guidelines for establishing charges and 
setting rates of water and sewer utilities. Upon motion of Senator 

Staton, consideration of the bill is postponed until Monday, February 25. 

S. B. 1050, a bill to authorize an additional magistrate for Burke 
County, upon third reading. The bill passes its third reading and is 

ordered sent to the House of Representatives. 

S. B. 1051, a bill to authorize an additional magistrate for Caldwell 
County. Passes its second and third readings and is ordered sent 

to the House of Representatives. 

S. B. 1102, Committee Substitute for S. B. 1102, a bill to amend Article 
7 of Chapter 95 of the General Statutes relating to boiler certificate and 
inspection fees. Passes its second and third readings and is ordered 

sent to the House of Representatives. 

H. B. 1162, a bill to amend Article 12 of Chapter 130 of the General 
Statutes relating to the powers of sanitary districts and bidding pro- 
cedures. Senator Allsbrook offers an amendment which is adopt- 
ed. The bill, as amended, passes its second and third readings and is 
ordered sent to the House of Representatives for concurrence in the 
Senate amendment, without objection, by special messenger. 

H. B. 1482, a bill to amend Chapter 743 of the Session Laws of 1951 
relating to the nomination and election of members of the Transylvania 
County Board of Education. Senator Taylor offers an amend- 

ment. Upon motion of Senator Taylor, consideration of the bill and 

the pending amendment is postponed until Friday, February 22. 



136 SENATE JOURNAL [Session 

Upon motion of Senator Mills, the Senate adjourns in honor of Senator 
Deane, whose birthday is today, to meet tomorrow at 10:00 A.M. 



ONE HUNDRED TWENTY-FIFTH DAY 

Senate Chamber, 
Friday, February 22, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. James F. Heaton, Pastor of Tabernacle Baptist 
Church, Raleigh. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

The President grants leaves of absence to Senators Kirby, Bahakel, 
Staton, Williamson, and Bagnal for today. 

H. B. 1276, upon motion of Senator Horton, H. B. 1276, a bill to au- 
thorize the Department of Transportation and Highway Safety to aid in 
the mass transportation needs of the State, is taken from the Committee 
on Calendar and re-referred to the Committee on Transportation. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Stallings, for the Committee on Local Government and 
Regional Affairs: 

H. B. 1541, a bill amending Chapter 1259 of the Session Laws of 1967 
relating to the Winston-Salem Transit Authority, with a favorable re- 
port. Upon motion of Senator Stallings, the rules are suspended, 
and the bill is placed on today's Calendar. 

By Senator Staton, for the Committee on Natural and Economic Re- 
sou?ces: 

H. B. 1487, a bill creating emergency authority to operate water or 
sewer utility, with a favorable report. 

H. B. 1488, a bill restricting the abandonment of service by water and 
sewer utility systems without prior commission approval, with a favorable 
report. 



1974] SENATE JOURNAL 137 

H. B. 1489, a bill to authorize enforcement of Chapter 62 and of the 
rules, regulations and orders of the Utilities Commission, with a favorable 
report. 

H. B. 1491, Committee Substitute for H. B. 1491, a bill establishing 
guidelines for establishing charges and setting rates of water and sewer 
utilities, with a favorable report. 

By Senator Garrison, for the Committee on State Policies: 

H. B. 1659, a bill to amend the Local Government Bond Act with respect 
to the maturity schedule of bonds by correcting a transcription error, 
with a favorable report. Upon motion of Senator Garrison, the rules 

are suspended and the bill is placed on the Calendar for immediate con- 
sideration. Passes its second and thrid readings and is ordered 
enrolled. 

H. B. 1729, a bill to repeal General Statute 153A-21 so as to provide 
consistency in General Statute Chapter 153 A, with a favorable report. 
Upon motion of Senator Garrison, the rules are suspended, and the bill is 
placed on the Calendar for immediate consideration. Passes its second 

and third readings and is ordered enrolled. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

S. B. 1240, by Senators Lynwood Smith, Royall, McNeill Smith, and 
Murrow, a bill to authorize the training and utilization of emergency 
medical technicians. Referred to Committee on Public Health and 

Resources. 

S. B. 1241, by Senator White, a bill to amend General Statute 106-323, 
relating to the payment by the State of a part of the value of certain 
animals destroyed on account of disease. Referred to Committee on 

Agriculture. 

S. B. 1242, by Senator Britt, a bill validating the appointment of election 
officials in the Town of Fairmont. Referred to Committee on Local 

Government and Regional Affairs. 

S. B. 1243, by Senators Hardison, Scott, Williamson, Garrison, Strickland, 
Rauch, Kirby, Bahakel, Knox, Allen, Stallings, Henley, Mills, Raynor, Bob 
L. Barker, Webster, McNeill Smith, Saunders, Deane, Staton, Mauney, 
Alford, Crawford, Britt, Lynwood Smith, and White, a bill to establish 
the North Carolina Council on State and Local Government. Referred 

to Committee on Appropriations. 

S. B. 1244, by Senator Mills, a bill to amend Chapter 134 of the General 
Statutes of North Carolina to provide for a child advocacy council within 
the Department of Youth Development. Referred to committee on 

State Policies. 



138 SENATE JOURNAL [Session 

S. B. 1245, by Senators Royall, Garrison, Staton, White, Alford, Lyn- 
wood Smith, Bahakel, Britt, Horton, Moore, Blanchard, Bagnal, and Knox, 
a bill to authorize the boards of education and other public authorities to 
enter into certain contracts without complying with the provisions of 
Article 8 of Chapter 143 of the General Statutes. Referred to Com- 

mittee on Education. 

S. B. 1246, by Senators Royall and Scott, a bill to provide funds to aid 
in the development of home health agencies. Referred to Committee 

on Appropriations. 

S. B. 1247, by Senator Royall, a bill to create a program to improve 
perinatal health care in the State and to provide funds to improve the 
facilities and services related to prenatal care, delivery and newborn 
care. Referred to Committee on Appropriations. 

S. B. 1248, by Senators Royall and Raynor, a bill to make appropriations 
to the Division of Mental Health Services, Department of Human Resources, 
to provide for four pilot model area mental health programs. Referred 

to Committee on Appropriations. 

S. B. 1249, by Senators Garrison and Stallings, a bill to amend Article 
IB of Chapter 113 of the General Statutes allowing increased flexibility in 
State aid for aviation improvements. Referred to Committee on 

Transportation. 

S. B. 1250, by Senator Garrison, a bill to amend General Statute 127-30.1 
relating to National Guard pensions. Referred to Committee on 

Veterans and Military Affairs. 

S. B. 1251, by Senators Crawford and Gudger, a bill to amend Article 7 
of Chapter 148 to prohibit the release of confidential information in inmate 
records. Referred to Committee on Social Rehabilitation and Control 

and Law Enforcement. 

S. B. 1252, by Senator Henley, a bill to amend Chapter 90 of the General 
Statutes relating to controlled substances. Referred to Committee 

on Judiciary No. 1. 

S. B. 1253, by Senator Henley, a bill to permit the Department of Youth 
Development to conduct community-based programs. Referred to 

Committee on Social Rehabilitation and Control and Law Enforcement. 

S. B. 1254, by Senator Henley, a bill to amend General Statute 90-109 
to require licensing of telephone crisis services. Referred to Com- 

mittee on Judiciary No. 1. 

S. B. 1255, by Senators Henley, Raynor, Hardison, Lynwood Smith, and 
Strickland, a bill to appropriate funds to the State Board of Education 
to add two additional increments to the salary schedule for public school 
principals. Referred to Committee on Appropriations. 

S. B. 1256, by Senator Henley, a bill to authorize county boards of com- 
missioners to organize county or area departments of human resources. 
Referred to Committee on Local Government and Regional Affairs. 



1974] SENATE JOURNAL 139 

S. J. R. 1257, by Senators Folger, Hardison, Allen, Royall, and McNeill 
Smith, a joint resolution requesting the Federal Energy Office to allocate 
more gasoline to North Carolina. Upon motion of Senator Folger, the 

rules are suspended and the joint resolution is placed on the Calendar for 
immediate consideration. Passes its second and third readings and is 

ordered, without objection, sent to the House of Representatives, by 
special messenger. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 1379, a bill to amend Chapter 14 of the General Statutes of North 
Carolina by the addition of Section 14-118.4 to include the crime of ex- 
tortion. Referred to Committee on Judiciary No. 2. 

H. B. 1653, a bill to provide for annexation by the City of Gastonia of 
municipally-owned real property not contiguous to its corporate limits. 
Referred to Committee on Local Government and Regional Affairs. 

H. B. 1716, a bill to amend Chapter VI, Article 1, Subchapter B, of the 
charter of the City of Reidsville as set forth in Chapter 831, Session Laws 
of 1961. Referred to Committee on Local Government and Regional 

Affairs. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as 
follows : 

S. B. 924, a bill relating to the issuance of capias. Senator Mullins 

offers an amendment which is adopted. The bill, as amended, passes 

its second and third readings and is ordered engrossed and sent to the 
House of Representatives. 

S. B. 1016, a bill to amend various sections of the General Statutes to 
make technical corrections. Upon motion of Senator Britt, the Com- 

mittee amendment is adopted. The bill, as amended, passes its second 

and third readings and is ordered engrossed and sent to the House of 
Representatives. 

S. B. 1052, a bill to make technical amendments to General Statutes 
55-45 (a), 55-19 (a), 55-20 (b) and 55-21 (a). Passes its second and 

third readings and is ordered sent to the House of Representatives. 

S. B. 1058, a bill to release persons or firms from liability for paying 
money to the escheat fund. Passes its second and third readings and 

is ordered sent to the House of Representatives. 

S. B. 1066, a bill to change the name of the Commission for Medical 
Facility Services and Licensure to the North Carolina Medical Care Com- 



140 SENATE JOURNAL [Session 

mission. Passes its second and third readings and is ordered sent 

to the House of Representatives. 

S. B. 1067, a bill to raise the liability limits for tort claims of State 
departments, institutions and agencies from twenty thousand dollars 
($20,000) to fifty thousand dollars ($50,000). Upon motion of Senator 

Britt, the Committee amendment is adopted. The bill, as amended, 

passes its second and third readings and is ordered engrossed and sent to 
the House of Representatives. 

S. B. 1090, a bill to amend Chapter 84 relative to the North Carolina 
State Bar. The bill passes its second reading. Senator Allsbrook 

objects to the third reading of the bill. Upon motion of Senator 

Allsbrook, the bill is placed on the Calendar for Tuesday, February 26. 

S. B. 1132, a bill to prescribe the procedure to be followed upon acquittal 
of a criminal defendant on grounds of mental illness. Upon motion of 

Senator Allsbrook, the Committee amendment is adopted. The bill, as 

amended, passes its second and third readings and is ordered engrossed and 
sent to the House of Representatives. 

S. B. 1170, a bill to provide federal food stamp programs in all counties 
of the State. The bill passes its second reading. Upon objection 

of Senator Godwin to its third reading, the bill remains on the Calendar. 

H. B. 528, a bill to revise the statutes relating to venue of corpora- 
tions. Passes its second and third readings and is ordered enrolled. 

H. B. 1482, a bill to amend Chapter 743 of the Session Laws of 1951 
relating to the nomination and election of members of the Transylvania 
County Board of Education. Upon motion of Senator Taylor, con- 

sideration of the bill is postponed until Tuesday, February 26. 

H. B. 1518, a bill to annex certain area into the Town of Garysburg, 
upon second reading. The bill passes its second reading by roll-call 

vote, ayes 34, noes 0, as follows: Those voting in the affirmative 

are: Senators Alford, Allen, Allsbrook, Bob L. Barker, Robert J. Barker, 
Blanchard, Britt, Butner, Crawford, Deane, Folger, Garrison, Godwin, 
Gudger, Hardison, Henley, Horton, Hughes, Kincaid, Mauney, Mills, Mur- 
row, Poovey, Raynor, Royall, Saunders, Sharpe, Lynwood Smith, McNeill 
Smith, Stallings, Strickland, Taylor, Webster, White — 34. The bill 

remains on the Calendar. 

H. B. 1541, a bill amending Chapter 1259 of the Session Laws of 1967 
relating to the Winston-Salem Transit Authority. Passes its second 

and third readings and is ordered enrolled. 

H. B. 1646, a bill to extend the municipal limits of the Town of Beaufort, 
upon second reading. The bill passes its second reading by roll-call 

vote, ayes 33, noes 0, as follows: Those voting in the affirmative are: 

Senators Alford, Allsbrook, Bob L. Barker, Robert J. Barker, Blanchard, 
Britt, Butner, Crawford, Deane, Folger, Garrison, Godwin, Gudger, Hard- 
ison, Henley, Horton, Kincaid, Mauney, Mills, Mullins, Murrow, Poovey, 



1974] SENATE JOURNAL 141 

Raynor, Royall, Saunders, Sharpe, Lynwood Smith, McNeill Smith, Stall- 
ings, Strickland, Taylor, Webster, White — 33. The bill remains on 

the Calendar. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

H. B. 1162, an act to amend Article 12 of Chapter 130 of the General 
Statutes relating to the powers of sanitary districts and bidding pro- 
cedures. 

H. B. 1659, an act to amend the Local Government Bond Act with 
respect to the maturity schedule of bonds by correcting a transcription 
error. 

H. B. 1729, an act to repeal General Statute 153A-21 so as to provide 
consistency in General Statute Chapter 153A. 

Upon motion of Senator Allen, the Senate adjourns to meet on Monday 
at 8:00 P.M. 



ONE HUNDRED TWENTY-SIXTH DAY 

Senate Chamber, 

Monday, February 25, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by the Reverend Horace G. Thompson, Pastor of the 
Missionary Baptist Church, Winterville. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of Friday has been examined and is found to 
be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

The President recognizes the following pages serving in the Senate this 
week: Denise Wiggins, Raleigh; Ray Sparrow, Jr., Cary; Margaret 
Parrish, Southern Pines; Carrie Carroll, Fayetteville ; Carol Wright, 
Hiddenite; Paula Teeter, Belmont; Johnny Rhyne, Belmont; Beth Clon- 
inger, Shelby; Mary Frances Barfield, Raleigh; Bobby Burks, Charlotte; 
Darlene Thompson, Winterville; Tommy Siler, Jr., Sanford; Sue Barnes, 
Southern Pines; Jerry Vick, Rich Square; Aleta Redmond, Mocksville; 
Lynda Jo Carter, Kinston; Debbie Ange, Jamesville; Elizabeth Carrington, 
Raleigh; Danny Wilson, Fayetteville; Bill Cowper, Gatesville; Mary 
Mintz, Hallsboro; Caroline Webb, Wilson; Russell Sugg, New Bern; Rob 
Holmes, New Bern. 



142 SENATE JOURNAL [Session 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. J. R. 1257, a joint resolution requesting the Federal Energy Office to 
allocate more gasoline to North Carolina. 

H. B. 528, an act to revise the statutes relating to venue of corporations. 

H. B. 1142, an act to amend General Statute 7A-308 (a) (12) so that 
the fee collected by the clerk of superior court for the appropriation of 
copies, including transcripts, will be twenty-five cents per page. 

H. B. 1498, an act to add Stanly County to the provisions of Article 9B 
of Chapter 44 of the General Statutes relating to attachment or garnish- 
ment and lien for ambulance service in certain counties. 

H. B. 1541, an act amending Chapter 1259 of the Session Laws of 1967 
relating to the Winston-Salem Transit Authority. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Knox, for the Committee on Courts and Judicial Districts : 

S. B. 360, a bill to amend Article 5 of Chapter 15 to expand the peace 
bond procedure to allow law enforcement officers to intervene effectively 
in family crisis/domestic violence and similar situations, without prejud- 
ice. Upon motion of Senator Knox, the rules are suspended, and the 
bill is placed on the Calendar for immediate consideration. Upon 
motion of Senator Knox, the bill is postponed indefinitely. 

S. B. 719, a bill to establish the office of constable in each township of 
each county in the State and to provide for the election, compensation, and 
duties of constables, with an unfavorable report. 

S. B. 1138, a bill to amend the Uniform Judicial Retirement Act of 
1973 so as to make uniform the formula for computing benefits, without 
prejudice. Upon motion of Senator Knox, the rules are suspended, 

and the bill is placed on the Calendar for immediate consideration. 
Upon motion of Senator Knox, the bill is postponed indefinitely. 

By Senator Stallings, for the Committee on Local Government and 
Regional Affairs: 

S. B. 498, a bill to amend the fees for registration of land titles, with a 
favorable report, as amended. 

S. B. 499, a bill to amend uniform commercial code filing fees, with a 
favorable report, as amended. 



1974] SENATE JOURNAL 143 

S. B. 501, a bill to amend the registers of deeds uniform fee schedule, 
with a favorable report, as amended. 

S. B. 1111, a bill to fix the salaries of the chairman and members of 
the Bertie County Board of Education, with a favorable report. 

S. B. 1118, a bill to amend Chapter 101, Session Laws of 1973, relating 
to the Columbus County Public Safety Commission and County Police 
Force, with a favorable report. 

S. B. 1122, a bill to ratify, approve, confirm and validate all proceedings 
taken by the governing boards of units of local government in connection 
with the authorization of bonds of said units, with a favorable report. 

S. B. 1131, a bill to transfer the duties of the Avery County Purchasing 
Agent to the County Budget Officer, with a favorable report. 

S. B. 1140, a bill to add Burke County to the provisions of Article 9B 
of Chapter 44 of General Statutes relating to attachment or garnishment 
and lien for ambulance services in certain counties, without prejudice. 
Upon motion of Senator Stallings, the rules are suspended, and the bill 
is placed on the Calendar for immediate consideration. Upon motion 

of Senator Stallings, the bill is postponed indefinitely. 

S. B. 1150, a bill to provide for annexation by the City of Gastonia of 
municipally-owned real property not contigous to its corporate limits, with 
a favorable report. 

S. B. 1152, a bill to amend General Statute 115-117 as it applies to the 
City of Lumberton Administrative School District to provide that for 
purposes of the thirty cents (30tf) per one hundred dollar ($100.00) sup- 
plemental school tax, real and personal property shall be assessed for 
valuation at fifty percent (50%) of its appraised value, with a favorable 
report. 

H. B. 675, Committee Substitute for H. B. 675, a bill concerning interest 
on taxes assessed on discovered property for the years preceding the cur- 
rent year in Guilford County, without prejudice. Upon motion of 
Senator Stallings, the rules are suspended, and the bill is placed on the 
Calendar for immediate consideration. Upon motion of Senator 
Stallings, the bill is postponed indefinitely. 

H. B. 1485, a bill to authorize the Bladen County Board of Education 
to enter into certain contracts without complying with the provisions of 
Article 8 of Chapter 143 of the General Statutes, with a favorable report. 

H. B. 1505, a bill to amend Chapter 26 of the Private Laws of 1935, as 
amended by Chapter 700 of the Session Laws of 1943, and as amended 
by Chapter 56 of the Session Laws of 1949, and as further amended by 
Chapter 342 of the Session Laws of 1957, relating to appointment of 
additional member of the Lexington City Board of Education, with a 
favorable report. 



144 SENATE JOURNAL [Session 

H. B. 1554, a bill to provide that Article 9B of Chapter 44 of the General 
Statutes relating to liens for ambulance service shall apply to Stokes 
County, with a favorable report. 

H. B. 1565, a bill to amend Chapter 234, Session Laws of 1973, to pro- 
vide staggered terms for the Haw River Town Council, with a favorable 
report. 

H. B. 1569, a bill to add Burke County to the provisions of Article 9B 
of Chapter 44 of the General Statutes relating to attachment or garnish- 
ment and lien for ambulance services in certain counties, with a favorable 
report, as amended. 

H. B. 1576, a bill to abolish the office of coroner in Nash County, with a 
favorable report, as amended. 

H. B. 1582, a bill to amend Chapter 368 of the 1957 Session Laws re- 
lating to expenditure of funds for industrial development in Nash County, 
with a favorable report, as amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed 
of as follows: 

S. B. 1258, by Senator Williamson, a bill to incorporate the Town of 
Shady Forest. Referred to Committee on Local Government and 

Regional Affairs. 

S. B. 1259, by Senator Coleman, a bill to revise the obscenity statute. 
Referred to Committee on Judiciary No. 2. 

S. B. 1260, by Senators Allen, Scott, Royall, Coleman, Folger, Henley, 
Knox, Deane, Crawford and Lynwood Smith, a bill to amend General 
Statute 105-277.1 to classify property owned by disabled person at a re- 
duced valuation. Referred to Committee on Finance. 

S. B. 1261, by Senators Blanchard and Robert J. Barker, a bill to amend 
General Statute 127-40 relative to the appointment and organization of 
special courts-martial in the North Carolina National Guard. Re- 

ferred to Committee on Veterans and Military Affairs. 

S. B. 1262, by Senators Blanchard and Robert J. Barker, a bill to amend 
General Statute 127-37.1 relative to the North Carolina Distinguished 
Service Medal. Referred to Committee on Veterans and Military 

Affairs. 

S. B. 1263, by Senator Knox, a bill to appropriate funds for certain 
additional superior and district court judgeships. Referred to Com- 

mittee on Appropriations. 

S. B. 1264, by Senators Knox and Kincaid, a bill to appropriate funds 
for an additional magistrate in Caldwell and Burke Counties. Re- 

ferred to Committee on Appropriations. 



1974] SENATE JOURNAL 145 



S. B. 1265, by Senators Knox and Horton, a bill to eliminate the duplica- 
tion of franchise tax payments by parent holding companies and their 
subsidiaries doing business in North Carolina. Referred to Committee 

on Finance. 

S. B. 1266, by Senator Knox, a bill to specifically provide funds to the 
Division of Mental Health Services for programs for mentally retarded 
persons who are residents of the State's psychiatric hospitals. Re- 

ferred to Committee on Appropriations. 

S. B. 1267, by Senator Knox, a bill to amend General Statute 159-48 (d) 
of the Local Government Bond Act by providing that improvement of 
existing telephone services is a purpose for which bonds may be issued by 
a local government unit. Referred to Committee on Finance. 

S. J. R. 1268, by Senators Gudger, Knox and Crawford, a joint resolu- 
tion creating the commission on criminal punishment and rehabilita- 
tion. Referred to Committee on Social Rehabilitation and Control 
and Law Enforcement. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of as follows: 

H. B. 1068, a bill to amend Article 12 of Chapter 130 to provide for the 
dissolution of certain sanitary districts. Referred to Committee on 

Local Government and Regional Affairs. 

H. B. 1468, a bill to classify and exclude from the tax base municipal 
parking facilities. Referred to Committee on Local Government and 

Regional Affairs. 

H. B. 1492, a bill to amend General Statute 20-16.2 to delete the reference 
to a revocation under the provisions of General Statute 20-16.3. Re- 

ferred to Committee on Highway Safety. 

H. B. 1526, Committee Substitute for H. B. 1526, a bill to amend the 
powers and duties of the Governor to allow him to authorize the National 
Guard and/or Highway Patrol to remove vehicles that are blocking pub- 
lic vehicular areas. Referred to Committee on Judiciary No. 2. 

H. B. 1529, a bill to amend General Statute 115-189 increasing the 
amount of a county or city board of education may provide in lieu of 
school bus transportation. Referred to Committee on Local Govern- 

ment and Regional Affairs. 



146 SENATE JOURNAL [Session 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

S. B. 1031, a bill creating emergency authority to operate water or 
sewer utility. Upon motion of Senator Staton, consideration of the 

bill is postponed until Tuesday, February 26. 

S. B. 1032, a bill restricting the abandonment of service by water and 
sewer utility systems without prior commission approval. Upon 

motion of Senator Staton, consideration of the bill is postponed until 
Tuesday, February 26. 

S. B. 1033, a bill to authorize enforcement of Chapter 62 and of the rules, 
regulations and orders of the Utilities Commission. Upon motion of 

Senator Staton, consideration of the bill is postponed until Tuesday, 
February 26. 

S. B. 1035, a bill establishing guidelines for establishing charges and 
setting rates of water and sewer utilities, upon second reading. Upon 

motion of Senator Staton, consideration of the bill is postponed until 
Thursday, February 28. 

S. B. 1170, a bill to provide federal food stamp programs in all counties 
of the State, upon third reading. Upon motion of Senator Sharpe, 

seconded by Senator Horton, the bill is recommitted to the Committee on 
Public Health and Resources. 

H. B. 1487, a bill creating emergency authority to operate water or 
sewer utility. Upon motion of Senator Robert J. Barker the bill is 

re-referred to the Committee on Judiciary No. 1. 

H. B. 1488, a bill restricting the abandonment of service by water and 
sewer utility systems without prior commission approval. Upon 

motion of Senator Robert J. Barker the bill is re-referred to the Com- 
mittee on Judiciary No. 1. 

H. B. 1489, a bill to authorize enforcement of Chapter 62 and of the 
rules, regulations and orders of the Utilities Commission. Upon 

motion of Senator Robert J. Barker the bill is re-referred to the Com- 
mittee on Judiciary No. 1. 

H. B. 1491, Committee Substitute for H. B. 1491, a bill establishing 
guidelines for establishing charges and setting rates of water and sewer 
utilities, upon second reading. Upon motion of Senator Staton, con- 

sideration of the Committee Substitute bill is postponed until Thursday, 
February 28. 

H. B. 1518, a bill to annex certain area into the Town of Garysburg, 
upon third reading. The bill passes its third reading by roll-call 

vote, ayes 44, noes 0, as follows: Those voting in the affirmative are: 

Senators Alford, Allen, Bagnal, Bahakel, Bob L. Barker, Robert J. Barker, 
Blanchard, Butner, Coleman, Deane, Folger, Garrison, Godwin, Gudger, 



1974] SENATE JOURNAL 147 

Hardison, Harrington, Henley, Horton, Hughes, Kincaid, Kirby, Knox, 
Mauney, Mills, Moore, Mullins, Murrow, Poovey, Rhyne, Rountree, Royall, 
Saunders, Scott, Sharpe, Lynwood Smith, McNeill Smith, Stallings, Staton, 
Strickland, Taylor, Webster, White, Wilkie, Williamson — 44. The 

bill is ordered enrolled. 

H. B. 1646, a bill to extend the municipal limits of the Town of Beaufort, 
upon third reading. The bill passes its third reading by roll-call 

vote, ayes 44, noes 0, as follows: Those voting in the affirmative are: 

Senators Alford, Allen, Bagnal, Bahakel, Bob L. Barker, Robert J. Barker, 
Blanchard, Butner, Coleman, Deane, Folger, Garrison, Godwin, Gudger, 
Hardison, Harrington, Henley, Horton, Hughes, Kincaid, Kirby, Knox, 
Mauney, Mills, Moore, Mullins, Murrow, Poovey, Rhyne, Rountree, Royall, 
Saunders, Scott, Sharpe, Lynwood Smith, McNeill Smith, Stallings, Staton, 
Strickland, Taylor, Webster, White, Wilkie, Williamson — 44. The 

bill is ordered enrolled. 

Senator Staton moves that H. B. 1487, H. B. 1488, and H. B. 1489 be 
taken from the Committee on Judiciary No. 1 and re-referred to the Com- 
mittee on Judiciary No. 2. 

Senator Kincaid moves that the Senate adjourn until tomorrow at 
2:30 P.M., which motion prevails. 



ONE HUNDRED TWENTY-SEVENTH DAY 

Senate Chamber, 

Tuesday, February 26, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by the Reverend Jack Hinson, Pastor of Samaria Bap- 
tist Church, Raleigh. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

H. B. 1354, upon motion of Senator Kirby, H. B. 1354, a bill to amend 
Chapter 18A of the General Statutes so as to allow the sale of rice-based 
wines, is taken from the Committee on Calendar and re-referred to the 
Committee on Alcoholic Beverage Control. 

reports of committees 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 



148 SENATE JOURNAL [Session 

By Senator Knox, for the Committee on Courts and Judicial Districts: 

S. B. 72, a bill to amend the Constitution of North Carolina to provide 
for nonpartisan merit selection of justices and judges of the General 
Court of Justice, without prejudice. Upon motion of Senator Knox, 

the rules are suspended and the bill is placed on the Calendar for im- 
mediate consideration. Upon motion of Senator Knox, the bill is 
postponed indefinitely. 

S. B. 120, a bill to create a judicial nominating commission and to 
implement the nonpartisan merit plan for the selection of judges as re- 
quired by Article IV, Section 16 of the North Carolina Constitution, 
without prejudice. Upon motion of Senator Knox, the rules are 

suspended, and the bill is placed on the Calendar for immediate con- 
sideration. Upon motion of Senator Knox, the bill is postponed 
indefinitely. 

S. B. 1214, a bill to amend General Statute 7A-451(a) and add 
General Statute 148-62.1 to provide counsel for indigents in certain 
parole revocation proceedings, with a favorable report, as amended. 

By Senator Alford, for the Committee on Education: 

S. B. 119, a bill to establish and fix the duties of the Advisory Com- 
mission on Teacher Preparation and Licensing, without prejudice. 
Upon motion of Senator Alford, the rules are suspended, and the bill is 
placed on the Calendar for immediate consideration. Upon motion 

of Senator Alford, the bill is postponed indefinitely. 

S. B. 957, a bill to amend Chapter 768, Session Laws of 1973 relating 
to the teaching of extension courses by community colleges, technical 
institutes and industrial education centers, as amended in Committee, with- 
out prejudice. Upon motion of Senator Alford, the bill is re-referred 
to the Committee on Appropriations. 

S. B. 1194, a bill to require parental signatures on report cards in the 
Gaston County School System, with a favorable report. 

S. B. 1198, a bill to repeal General Statute 115-161, with a favorable 
report. 

H. B. 1522, a bill to amend General Statute 115-359 to clarify entrance 
age eligibility of kindergarten pupils, with a favorable report. 

By Senator Kirby, for the Committee on Finance: 

H. B. 1403, a bill to provide for the filing of consolidated returns by 
husband and wife, with a favorable report. 

H. B. 1432, a bill to remove an unnecessary duplication of subsections in 
General Statute 105-275, with a favorable report. 

H. B. 1474, a bill to amend General Statute 105-60 to excuse day-care 
facilities having a tax exempt status from paying the privilege license tax 
fee, with a favorable report, as amended. 



1974] SENATE JOURNAL 149 

H. B. 1561, a bill to amend General Statute 105-277.4 to make clear that 
a lien resulting from taxes due would attach only to the parcel of property 
as provided in General Statute 105-355 (a), with a favorable report. 

H. B. 1562, a bill to amend General Statute 105-277.4 to eliminate the 
imposition of deferred taxes at the time of transfer of ownership to family 
members, and to extend the period of listing under the section, with a 
favorable report. 

By Senator Britt, for the Committee on Judiciary No. 2: 

S. B. 1103, a bill to create the defense of provoking words or gestures to 
a simple assault or simple assault and battery, without prejudice. 
Upon motion of Senator Britt, the rules are suspended, and the bill is 
placed on the Calendar for immediate consideration. Upon motion of 

Senator Britt, the bill is postponed indefinitely. 

S. B. 1143, a bill to amend General Statute 14-225 to prohibit the giving 
of false reports to a law enforcement officer or agency, with a favorable 
report, as amended. 

S. B. 1179, a bill to provide that it be a misdemeanor to encourage a child 
under 18 to be delinquent, undisciplined or neglected, with a favorable 
report. Upon motion of Senator Britt, the bill is placed on the 

Calendar for Thursday, February 28. 

H. B. 1515, a bill to permit Alamance County Commissioners to practice 
law, with a favorable report. 

By Senator Gudger, for the Committee on Social Rehabilitation and Con- 
trol and Law Enforcement: 

S. B. 1196, a bill to permit the Board of Paroles to grant temporary parole 
to a committed youthful offender within the last 90 days of his confinement, 
with a favorable report. 

H. B. 1401, a bill to amend General Statute 148-4 to expressly authorize 
community leaves, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of, 
as follows: 

S. B. 1269, by Senator Stallings, a bill to make Chapter 1206, Session 
Laws of 1965, Chapter 815, Session Laws of 1967, and Chapter 1060, Session 
Laws of 1971, relating to bidding and disposition of redevelopment property, 
applicable to the City of New Bern. Referred to Committee on Local 

Government and Regional Affairs. 

S. B. 1270, by Senator Knox, a bill to amend General Statute 7A-451(b) 
relating to appellate representation of indigent persons. Referred to 

Committee on Courts and Judicial Districts. 

S. B. 1271, by Senators Staton and Bob L. Barker, a bill relating to the 
residence requirements of the City of Sanford Redevelopment Commis- 



150 SENATE JOURNAL [Session 

sion. Referred to Committee on Local Government and Regional Af- 

fairs. 

S. B. 1272, by Senators Bob L. Barker and Staton, a bill to authorize 
Wake County ABC officers to enforce the provisions of the North Carolina 
Controlled Substance Act. Referred to Committee on Social Rehabili- 

tation and Control and Law Enforcement. 

S. B. 1273, by Senator Hughes, a bill prohibiting sellers of gasoline at 
retail from making bulk sales of gasoline to other retailers and to private 
passenger automobile and truck owners. Referred to Committee on 

State Policies. 

S. B. 1274, by Senator Hughes, a bill to authorize an additional magis- 
trate for Avery County. Referred to Committee on Local Government 
and Regional Affairs. 

S. B. 1275, by Senator Hughes, a bill to appropriate funds for an addi- 
tional magistrate in Avery County. Referred to Committee on Ap- 
propriations. 

S. B. 1276, by Senators Rauch, Kirby, Rhyne, and Mauney, a bill to amend 
General Statute 135-5, General Statute 135-3 and General Statute 128-27 
relating to certain retirement benefits. Referred to Committee on 

State Government. 

S. B. 1277, by Senator Gudger, a bill to amend General Statute 143-63.1 
relating to the disposition of firearms. Referred to Committee on 

Judiciary No. 1. 

S. B. 1278, by Senator Rountree, a bill to abolish the office of coroner in 
Pender County upon the expiration of the term of the present coroner. 
Referred to Committee on Local Government and Regional Affairs. 

S. B. 1279, by Senators Henley and McNeill Smith, a bill to appropriate 
eight million dollars ($8,000,000) to the North Carolina Housing Finance 
Agency for the purpose of establishing a debt service reserve fund or 
funds, to transfer to said Agency the sum now held in trust by the State 
Treasurer to defray the operating expenses of said Agency and to authorize 
the transfer of certain earnings from any such debt service reserve fund 
to said Agency to pay its operating expenses subject to the approval of 
the Advisory Budget Commission. Referred to Committee on Ap- 

propriations. 

S. B. 1280, by Senator Folger, a bill to remove the State Probation Com- 
mission from the Department of Social Rehabilitation and Control and 
transfer it to the Administrative Office of the Courts. Referred to 

Committee on State Government. 

S. B. 1281, by Senator Folger, a bill to provide for suspension of a sheriff 
from office during the time of appeal from conviction of a misdemeanor. 
Referred to Committee on Judiciary No. 1. 



1974] SENATE JOURNAL 151 

S. B. 1282, by Senator Folger, a bill to provide for suspension of a sheriff 
or police officer from office during the time of appeal from conviction of a 
felony. Referred to Committee on Judiciary No. 1. 

S. B. 1283, by Senator Crawford, a bill to appropriate funds to the Crime 
Study Commission. Referred to Committee on Appropriations. 

S. B. 1284, by Senator Deane, a bill to provide that certain employees 
from the Judicial Department of State Government shall be subject to the 
State Personnel Act. Referred to Committee on State Government. 

S. B. 1285, by Senator Deane, a bill to provide that assistant clerks, 
deputy clerks, and other employees in the offices of the several clerks of 
superior court shall be subject to the provisions of the State Personnel 
Act. Referred to Committee on State Government. 

S. B. 1286, by Senator Deane, a bill to provide that certain employees of 
the General Assembly shall be subject to the State Personnel Act. Re- 

ferred to Committee on State Government. 

S. B. 1287, by Senators McNeill Smith, Lynwood Smith, and Murrow, a 
bill to require temporary confiscation of operator's license when holder 
arrested for driving under the influence of intoxicants. Referred to 

Committee on Highway Safety. 

S. B. 1288, by Senators Godwin and Henley, a bill to amend General 
Statute 120-4.1 relating to the Legislative Retirement Fund. Referred 

to Committee on Appropriations. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and dis- 
posed of, as follows: 

H. B. 1366, Committee Substitute for H. B. 1366, a bill to amend General 
Statute 163-42 relating to the appointment of precinct assistants. Re- 

ferred to Committee on Election Laws. 

H. B. 1418, Committee Substitute for H. B. 1418, a bill to make certain 
amendments to Chapter 163 of the General Statutes relating to elec- 
tions. Referred to Committee on Election Laws. 

H. B. 1512, a bill to exclude certain services from funeral expenses subject 
to sales and use tax. Referred to Committee on Finance. 

H. B. 1583, a bill to provide for a ten-day temporary motor vehicle 
registration marker. Referred to Committee on Highway Safety. 

H. B. 1612, a bill to amend Article 7A of Chapter 54 of the General 
Statutes of North Carolina concerning the regulation of mutual deposit 
guaranty associations. Referred to Committee on Banking. 

H. J. R. 1620, a joint resolution honoring the life, memory and achieve- 
ments of Edwin Duncan, Sr., a former member of the Senate. Re- 
ferred to Committee on Rules and Operation of the Senate. 



152 SENATE JOURNAL [Session 

H. B. 1621, a bill to amend General Statute 28-8 to allow persons eighteen 
years old and older to be issued letters of administration or letters testa- 
mentary. Referred to Committee on Judiciary No. 2. 

H. B. 1644, a bill to amend Chapter 93B of the General Statutes to provide 
for continuation in office of license board members untli a successor is ap- 
pointed. Referred to Committee on Finance. 

H. B. 1665, a bill prohibiting the sale or offer of sale of immature 
apples. Referred to Committee on Agriculture. 

H. B. 1687, a bill to provide that funds of occupational licensing boards are 
not used for lobbying purposes. Referred to Committee on Finance. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

S. B. 498, a bill to amend the fees for registration of land titles. 
Upon motion of Senator McNeill Smith, the Committee amendment is 
adopted. The bill, as amended, passes its second reading. Upon 

objection of Senator Sharpe to its third reading, the bill, as amended, re- 
mains on the Calendar. Upon motion of Senator Poovey, the bill, as 
amended, is placed on the Calendar for Thursday, February 28. 

S. B. 499, a bill to amend uniform commercial code filing fees. Upon 

motion of Senator McNeill Smith, the Committee amendment is adopted. 
The bill, as amended, passes its second reading. Senator Mills moves 

consideration of the third reading be postponed until Thursday, February 
28, which motion prevails. 

S. B. 501, a bill to amend the registers of deeds uniform fee sched- 
ule. Upon motion of Senator McNeill Smith, the Commitee amendment 
is adopted. Senator Deane offers an amendment which is adopted. 
Upon motion of Senator Mills, consideration of the bill, as amended, is 
postponed until Thursday, February 28. 

S. B. 1031, a bill creating emergency authority to operate water or sewer 
utility. Upon motion of Senator Staton, the bill is re-referred to the 

Committee on Judiciary No. 1. 

S. B. 1032, a bill restricting the abandonment of service by water and 
sewer utility systems without prior commission approval. Upon mo- 

tion of Senator Staton, the bill is re-referred to the Committee on Judiciary 
No. 1. 

S. B. 1033, a bill to authorize enforcement of Chapter 62 and of the rules, 
regulations and orders of the Utilities Commission. Upon motion of 

Senator Staton, the bill is re-referred to the Committee on Judiciary No. 1. 

S. B. 1090, a bill to amend Chapter 84 relative to the North Carolina State 
Bar, upon third reading. Senator Godwin offers an amendment, which 

is adopted. Senator Deane offers an amendment which is adopted. 



1974] SENATE JOURNAL 153 

The bill, as amended, passes its third reading and is ordered engrossed and 
sent to the House of Representatives. 

S. B. 1111, a bill to fix the salaries of the chairman and members of the 
Bertie County Board of Education. Passes its second and third read- 

ings and is ordered sent to the House of Representatives. 

S. B. 1118, a bill to amend Chapter 101, Session Laws of 1973, relating to 
the Columbus County Public Safety Commission and County Police 
Force. Upon motion of Senator Williamson, consideration of the bill 

is postponed until Friday, March 1. 

S. B. 1122, a bill to ratify, approve, confirm and validate all proceedings 
taken by the governing boards of units of local government in connection 
with the authorization of bonds of said units, upon second reading. The 

bill passes its second reading by roll-call vote, ayes 41, noes 0, as fol- 
lows: Those voting in the affirmative are: Senators Alford, Allen, 
Allsbrook, Bagnal, Bahakel, Robert J. Barker, Blanchard, Butner, Coleman, 
Crawford, Deane, Folger, Garrison, Godwin, Gudger, Hardison, Harrington, 
Henley, Kincaid, Kirby, Knox, Mauney, Mills, Mullins, Murrow, Poovey, 
Rauch, Raynor, Rhyne, Rountree, Saunders, Scott, Sharpe, McNeill Smith, 
Somers, Stallings, Staton, Taylor, Webster, White, Williamson — 41. 
The bill remains on the Calendar. 

S. B. 1131, a bill to transfer the duties of the Avery County Purchasing 
Agent to the County Budget Officer. Passes its second and third read- 

ings and is ordered sent to the House of Representatives. 

S. B. 1150, a bill to provide for annexation by the City of Gastonia of 
municipally-owned real property not contiguous to its corporate limits. 
Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 1152, a bill to amend General Statute 115-117 as it applies to the 
City of Lumberton Administrative School District to provide that for pur- 
poses of the thirty cents (30tf) per one hundred dollar ($100.00) supple- 
mental school tax, real and personal property shall be assessed for valua- 
tion at fifty percent (50%) of its appraised value, upon second reading. 
The bill passes its second reading by roll-call vote, ayes 47, noes 0, as fol- 
lows: Those voting in the affirmative are: Senators Alford, Allsbrook, 
Bagnal, Bahakel, Bob L. Barker, Robert J. Barker, Blanchard, Britt, Butner, 
Coleman, Crawford, Deane, Folger, Garrison, Godwin, Gudger, Harrington, 
Henley, Horton, Hughes, Kincaid, Kirby, Knox, Mauney, Mills, Moore, 
Mullins, Murrow, Poovey, Rauch, Raynor, Rhyne, Royall, Saunders, Scott, 
Sharpe, Lynwood Smith, McNeill Smith, Somers, Stallings, Staton, Strick- 
land, Taylor, Webster, White, Wilkie, Williamson — 47. The bill re- 
mains on the Calendar. 

H. B. 1257, a bill to amend the Natural and Scenic Rivers Act of 1971. 
Upon motion of Senator Staton, the Committee amendment is adopted. 
The bill, as amended, passes its second reading. Upon objection of 

Senator Allsbrook to its third reading, the bill, as amended, remains on 
the Calendar. 



154 SENATE JOURNAL [Session 

H. B. 1482, a bill to amend Chapter 743 of the Session Laws of 1951 re- 
lating to the nomination and election of members of the Transylvania 
County Board of Education. Senator Taylor moves adoption of the 

amendment which he offered on February 21. The amendment fails of 

adoption. Senator Taylor moves that consideration of the bill be post- 

poned until Thursday, February 28, which motion prevails. 

H. B. 1485, a bill to authorize the Bladen County Board of Education to 
enter into certain contracts without complying with the provisions of Article 
8 of Chapter 143 of the General Statutes. Passes its second and third 

readings and is ordered enrolled. 

H. B. 1505, a bill to amend Chapter 26 of the Private Laws of 1935, as 
amended by Chapter 700 of the Session Laws of 1943, and as amended by 
Chapter 56 of the Session Laws of 1949, and as further amended by Chap- 
ter 342 of the Session Laws of 1957, relating to appointment of additional 
member of the Lexington City Board of Education. Passes its second 

and third readings and is ordered enrolled. 

H. B. 1554, a bill to provide that Article 9B of Chapter 44 of the General 
Statutes relating to liens for ambulance service shall apply to Stokes 
County. Passes its second and third readings and is ordered enrolled. 

H. B. 1565, a bill to amend Chapter 234, Session Laws of 1973, to pro- 
vide staggered terms for the Haw River Town Council. Passes its 
second and third readings and is ordered enrolled. 

H. B. 1569, a bill to add Burke County to the provisions of Article 9B 
of Chapter 44 of the General Statutes relating to attachment or garnish- 
ment and lien for ambulance services in certain counties. Upon 
motion of Senator Wilkie, the Committee amendment is adopted. The 
bill as amended, passes its second and third readings and is ordered sent to 
the House of Representatives for concurrence in the Senate amendment. 

H. B. 1576, a bill to abolish the office of coroner in Nash County. 
Upon motion of Senator Wilkie, the Committee amendment is adopted. 
The bill, as amended, passes its second and third readings and is ordered 
sent to the House of Representatives for concurrence in the Senate amend- 
ment. 

H. B. 1582, a bill to amend Chapter 368 of the 1957 Session Laws re- 
lating to expenditure of funds for industrial development in Nash 
County. Senator Crawford withdraws an amendment offered in 

Committee. Passes its second and third readings and is ordered en- 

rolled. 

Upon motion of Senator Allen, the Senate adjourns to meet tomorrow at 
2:30 P.M. 



1974] SENATE JOURNAL 155 

ONE HUNDRED TWENTY-EIGHTH DAY 

Senate Chamber, 

Wednesday, February 27, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found to 
be correct, and upon his motion the reading of the Journal is dispensed with 
and it stands approved as written. 

S. B. 1090, a bill to amend Chapter 84 relative to the North Carolina State 
Bar. Upon motion of Senator Allsbrook, the order to engross S. B. 

1090 and to send it to the House of Representatives is rescinded. Upon 

motion of Senator Allsbrook, the bill is recalled from the Engrossing Of- 
fice. Upon motion of Senator Allsbrook, the vote by which the bill 
passed its third reading is reconsidered and the bill is placed on today's 
Calendar. 

S. B. 498, S. B. 499 and S. B. 501. Upon motion of Senator McNeill 

Smith, S. B. 498, a bill to amend the fees for registration of land titles; 
S. B. 499, a bill to amend uniform commercial code filing fees and S. B. 
501, a bill to amend the registers of deeds uniform fee schedule, are taken 
from the Calendar for Thursday, February 28, and placed on the Calendar 
for Monday, March 4. 

enrolled bills 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. B. 964, an act to amend North Carolina General Statutes 20-279.15(2), 
dealing with the required minimum limits of proof of financial responsibility. 

S. B. 984, an act to amend Chapter 221, Public-Local Laws of 1935, re- 
lating to primary elections for county commissioners in Columbus County. 

S. J. R. 1107, a joint resolution honoring the life and memory of P. Huber 
Hanes, Jr. 

H. B. 1485, an act to authorize the Bladen County Board of Education to 
enter into certain contracts without complying with the provisions of Article 
8 of Chapter 143 of the General Statutes. 

H. B. 1505, an act to amend Chapter 26 of the Private Laws of 1935, as 
amended by Chapter 700 of the Session Laws of 1943, and as amended by 
Chapter 56 of the Session Laws of 1949, and as further amended by Chapter 
342 of the Session Laws of 1957, relating to appointment of additional 
member of the Lexington City Board of Education. 



156 SENATE JOURNAL [Session 

H. B. 1518, an act to annex certain area into the Town of Garysburg. 

H. B. 1554, an act to provide that Article 9B of Chapter 44 of the General 
Statutes relating to liens for ambulance service shall apply to Stokes 
County. 

H. B. 1565, an act to amend Chapter 234, Session Laws of 1973, to provide 
staggered terms for the Haw River Town Council. 

H. B. 1582, an act to amend Chapter 368 of the 1957 Session Laws relating 
to expenditure of funds for industrial development in Nash County. 

H. B. 1646, an act to extend the municipal limits of the Town of Beaufort. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator White, for the Committee on Agriculture: 

S. B. 1241, a bill to amend General Statute 106-323 relating to the pay- 
ment by the State of a part of the value of certain animals destroyed on 
account of disease, with a favorable report. 

H. B. 1574, a bill repealing General Statute 66-29 relating to agreements 
for spraying and pruning nursery stock, with a favorable report. 

By Senator Godwin, for the Committee on Banking: 

S. B. 1099, a bill to amend General Statute 78-19 of the General Statutes 
relating to interest charges by brokers or dealers, with a favorable report. 

S. B. 1190, a bill to amend General Statutes Section 93A-6 entitled "Re- 
vocation or suspension of licenses by board," with a favorable report. 

By Senator Kirby, for the Committee on Finance: 

H. B. 1224, Committee Substitute for H. B. 1224, a bill to amend the 
Income Tax Act to provide a credit against income tax for the construction 
of dwelling units which satisfy North Carolina Building Code standards for 
handicapped living units, with a favorable report. 

By Senator McNeill Smith, for the Committee on Highway Safety: 

S. B. 1083, a bill to amend General Statute 20-124 to prohibit the sale of 
house trailers not equipped with the braking system required by law, with 
a favorable report, as amended. 

S. B. 1097, a bill to amend General Statute 20-183.8 to make unlawful the 
attaching of an inspection certificate to a vehicle that has not been in- 
spected, with a favorable report, as amended. 

S. B. 1218, a bill to correct a technical error in Chapter 476, Section 128 
of the 1973 Session Laws pertaining to conforming changes to effectuate 
reorganization, with a favorable report. 



1974] SENATE JOURNAL 157 

H. B. 1492, a bill to amend General Statute 20-16.2 to delete the reference 
to a revocation under the provisions of General Statute 20-16.3, with a 
favorable report. 

H. B. 1583, a bill to provide for a ten-day temporary motor vehicle 
registration marker, with a favorable report. 

By Senator Saunders, for the Committee on Manufacturing, Labor and 
Commerce: 

S. B. 1231, a bill to amend the Workmen's Compensation Act regarding 
accidents taking place outside the State, with a favorable report. 

S. B. 1232, a bill to extend the time limitation for filing and reopening 
certain claims under the provisions of the Workmen's Compensation Act, 
with a favorable report. 

By Senator Garrison, for the Committee on State Policies: 

S. B. 1228, a bill to amend General Statute 143B-179 to increase the 
membership of the Council on Developmental Disabilities of the Department 
of Human Resources, with a favorable report. 

S. B. 1244, a bill to amend Chapter 134 of the General Statutes of North 
Carolina to provide for a child advocacy council within the Department of 
Youth Development, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time and disposed of 
as follows: 

S. B. 1289, by Senator Raynor, a bill to appropriate forty-eight thousand 
six hundred fifty-eight dollars ($48,658) to the Department of Human Re- 
sources, Governor's Coordinating Council on Aging for the improvement of 
services to the elderly. Referred to Committee on Appropriations. 

S. J. R. 1290, by Senator Raynor, a joint resolution creating a commission 
to study the problems and needs of the aging population in North Carolina 
and to make recommendations to the General Assembly. Referred to 

Committee on State Policies. 

S. B. 1291, by Senator Knox, a bill to amend the Private Protective Service 
Act so as to exempt full-time sworn North Carolina law enforcement of- 
ficers. Referred to Committee on Judiciary No. 1. 

S. J. R. 1292, by Senators White, Alford, Godwin, Harrington and Mills, 
a joint resolution authorizing a legislative commission to study North 
Carolina Pesticide Law of 1971 and the North Carolina Structural Pest 
Law of 1955. Referred to Committee on State Policies. 

S. B. 1293, by Senator Scott, a bill to amend Chapter 523 of the 1973 
Session Laws with respect to a wholly self-liquidating project. Re- 

ferred to Committee on Appropriations. 



158 SENATE JOURNAL [Session 

S. B. 1294, by Senator Scott, a bill to amend Chapter 693 of the 1971 
Session Laws with respect to a wholly self-liquidating project. Re- 

ferred to Committee on Appropriations. 

S. B. 1295, by Senator Scott, a bill to amend Chapter 755 of the 1969 
Session Laws with respect to a wholly self-liquidating project. Re- 

ferred to Committee on Appropriations. 

S. B. 1296, by Senator Scott, a bill to authorize the financing and con- 
struction of an addition to the original School of Dentistry Building at the 
University of North Carolina at Chapel Hill. Referred to Committee 

on Appropriations. 

S. B. 1297, by Senator Scott, a bill to authorize the financing and con- 
struction of a renovation of the Wright Building at East Carolina Uni- 
versity. Referred to Committee on Appropriations. 

S. B. 1298, by Senator Scott, a bill amending Chapter 907 of the 1971 
Session Laws to provide change only with respect to a self-liquidating 
addition to the Student Center at the University of North Carolina at 
Charlotte. Referred to Committee on Finance. 

S. J. R. 1299, by Senator Allen, a joint resolution requesting the man- 
agers of all places in which sporting and social events are held to play the 
National Anthem immediately prior to the commencement of any public 
sporting event or exhibition which is conducted or engaged in primarily for 
the entertainment of spectators. Referred to Committee on State 

Policies. 

S. B. 1300, by Senator Henley, a bill relating to fees collectable by the 
Board of Pharmacy. Referred to Committee on Finance. 

S. B. 1301, by Senator Deane, a bill amending the Rules of Civil Pro- 
cedure to require a party taking a deposition to furnish a copy to the 
opposing party. Referred to Committee on Judiciary No. 2. 

S. B. 1302, by Senators Wilkie, Hughes and White, a bill to require 
boards of county commissioners to appoint members of municipal governing 
bodies when all seats become vacant. Referred to Committee on Local 

Government and Regional Affairs. 

S. B. 1303, by Senators Wilkie and Sharpe, a bill to amend the North 
Carolina Outdoor Advertising Control Act. Referred to Committee 

on Transportation. 

S. B. 1304, by Senators Moore, Scott, Stallings, Henley, Kirby, Rountree, 
Strickland, Garrison, Folger, Allen, McNeill Smith, Knox, Somers, Raynor, 
Kincaid, Hughes, Mullins, Harrington and Webster, a bill to repeal the 
five thousand dollar ($5,000) limitation on medical expense deductions for 
income tax purposes. Referred to Committee on Finance. 

S. B. 1305, by Senators Moore, Knox, Mullins and Bahakel, a bill to amend 
Chapter 713 of the Session Laws of 1965, as amended, being the charter of 
the City of Charlotte, by deleting Chapter VIII relative to a recorder's 



1974] SENATE JOURNAL 159 

court. Referred to Committee on Local Government and Regional 

Affairs. 

S. B. 1306, by Senators Moore, Knox, Mullins and Bahakel, a bill to amend 
Chapter 713 of the Session Laws of 1965, as amended, being the charter of 
the City of Charlotte relating to eminent domain. Referred to Com- 

mittee on Local Government and Regional Affairs. 

S. B. 1307, by Senator Taylor, a bill to amend Chapter 596 of the 1973 
Session Laws to provide for two Governor's appointees, four-year staggered 
terms, and other changes involving the members of the Archaeological Ad- 
visory Committee. Referred to Committee on State Government. 

S. B. 1308, by Senator Taylor, a bill to amend General Statute 143-215.99 
to extend the date for requirement of oil refinery permits. Referred to 

Committee on Natural and Economic Resources. 

S. B. 1309, by Senators Crawford and Bahakel, a bill to appropriate funds 
to the Division of Social Studies for development of an elementary school 
law education project in the public schools. Referred to Committee on 

Appropriations. 

S. B. 1310, by Senators Bahakel, Knox, Mullins and Moore, a bill to 
appropriate fifty thousand dollars ($50,000) to the Charlotte Symphony 
Orchestra Society, Incorporated. Referred to Committee on Appro- 

priations. 

S. B. 1311, by Senators Somers, Rhyne, Sharpe and Gudger, a bill to 
amend General Statute 148-33.1 to provide for restitution by prisoners 
employed in the free community. Referred to Committee on Social 

Rehabilitation and Control and Law Enforcement. 

S. B. 1312, by Senator Godwin, a bill to establish residence districts for 
the purpose of electing members of the Gates County Board of Educa- 
tion. Referred to Committee on Local Government and Regional Af- 
fairs. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and dis- 
posed of as follows: 

H. B. 1693, a bill to amend General Statute 14-33 to provide for greater 
punishment for an inmate who commits an assault or an assault and 
battery on a correctional officer. Referred to Committee on Judiciary 

No. 1. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

S. B. 1090, a bill to amend Chapter 84 relative to the North Carolina State 
Bar. Upon motion of Senator Allsbrook, the amendment offered by 



160 SENATE JOURNAL [Session 

Senator Godwin is reconsidered and the amendment is withdrawn. 
Upon motion of Senator Allsbrook, the amendment offered by Senator Deane 
is reconsidered and the amendment is withdrawn. The bill passes its 

third reading and is ordered sent to the House of Representatives. 

S. B. 1122, a bill to ratify, approve, confirm and validate all proceedings 
taken by the governing boards of units of local government in connection 
with the authorization of bonds of said units, upon third reading. The 

bill passes its third reading by roll-call vote, ayes 45, noes 0, as follows: 
Those voting in the affirmative are: Senators Alford, Allsbrook, Bagnal, 
Bahakel, Bob L. Barker, Robert J. Barker, Blanchard, Butner, Coleman, 
Crawford, Deane, Folger, Garrison, Godwin, Gudger, Hardison, Harrington, 
Henley, Kincaid, Kirby, Knox, Mauney, Mills, Moore, Mullins, Poovey, 
Rauch, Raynor, Rhyne, Rountree, Royall, Saunders, Scott, Sharpe, Lynwood 
Smith, McNeill Smith, Somers, Stallings, Staton, Strickland, Taylor, 
Webster, White, Wilkie, Williamson — 45. The bill is ordered sent to 

the House of Representatives. 

S. B. 1143, a bill to amend General Statute 14-225 to prohibit the giving 
of false reports to a law enforcement officer or agency. Upon motion 

of Senator Rountree, the Committee amendment is adopted. Senator 

Gudger offers an amendment which is adopted. The bill, as amended, 

passes its second and third readings and is ordered engrossed and sent to 
the House of Representatives. 

S. B. 1152, a bill to amend General Statute 115-117 as it applies to the 
City of Lumberton Administrative School District to provide that for pur- 
poses of the thirty cents (304) per one hundred dollar ($100.00) supple- 
mental school tax, real and personal property shall be assessed for valua- 
tion at fifty percent (50%) of its appraised value, upon third reading. 
The bill passes its third reading by roll-call vote, ayes 38, noes 0, as fol- 
lows: Those voting in the affirmative are: Senators Alford, Allsbrook, 
Bagnal, Bahakel, Bob L. Barker, Robert J. Barker, Blanchard, Butner, Cole- 
man, Deane, Folger, Garrison, Godwin, Gudger, Hardison, Harrington, 
Henley, Kincaid, Kirby, Knox, Mauney, Mills, Moore, Poovey, Rauch, Raynor, 
Rhyne, Rountree, Saunders, Scott, Lynwood Smith, McNeill Smith, Somers, 
Stallings, Strickland, Taylor, Webster, White — 38. The bill is ordered 
sent to the House of Representatives. 

S. B. 1194, a bill to require parental signatures on report cards in the 
Gaston County School System. Passes its second and third readings 

and is ordered sent to the House of Representatives. 

S. B. 1196, a bill to permit the Board of Paroles to grant temporary 
parole to a committed youthful offender within the last 90 days of his con- 
finement. The bill passes its second reading. Upon objection of 
Senator Taylor to its third reading, the bill remains on the Calendar. 

S. B. 1198, a bill to repeal General Statute 115-161. Passes its 

second and third readings and is ordered sent to the House of Representa- 
tives. 



1974] SENATE JOURNAL 161 

S. B. 1209, a bill relating to regulation of emergency medical services. 
Upon motion of Senator Henley, consideration of the bill is postponed until 
Wednesday, March 6. 

S. B. 1214, a bill to amend General Statute 7A-451(a) and add General 
Statute 148-62.1 to provide counsel for indigents in certain parole revoca- 
tion proceedings. Upon motion of Senator Knox, the Committee amend- 
ment is adopted. Upon motion of Senator Knox, consideration of the 
bill, as amended, is postponed until Tuesday, March 5. 

H. B. 1257, a bill to amend the Natural and Scenic Rivers Act of 1971, 
as amended, upon third reading. The bill, as amended, passes its third 

reading and is ordered sent to the House of Representatives for concur- 
rence in the Senate amendment. 

H. B. 1401, a bill to amend General Statute 148-4 to expressly authorize 
community leaves. Passes its second and third readings and is ordered 

enrolled. 

H. B. 1403, a bill to provide for the filing of consolidated returns by hus- 
band and wife. Passes its second and third readings and is ordered 
enrolled. 

H. B. 1432, a bill to remove an unnecessary duplication of subsections in 
General Statute 105-275. Passes its second and third readings and is 

ordered enrolled. 

H. B. 1474, a bill to amend General Statute 105-60 to excuse day-care 
facilities having a tax exempt status from paying the privilege license tax 
fee. Upon motion of Senator Moore, the Committee amendment is 

adopted. The bill, as amended, passes its second and third readings 

and is ordered sent to the House of Representatives for concurrence in the 
Senate amendment. 

H. B. 1515, a bill to permit Alamance County Commissioners to practice 
law. Senator Sharpe offers an amendment which is adopted. The 

bill, as amended, passes its second and third readings and is ordered sent 
to the House of Representatives for concurrence in the Senate amendment. 

H. B. 1522, a bill to amend General Statute 115-359 to clarify entrance 
age eligibility of kindergarten pupils. Upon motion of Senator Alford, 

consideration of the bill is postponed until Thursday, February 28. 

H. B. 1561, a bill to amend General Statute 105-277.4 to make clear that 
a lien resulting from taxes due would attach only to the parcel of property 
as provided in General Statute 105-355 (a). Passes its second and third 

readings and is ordered enrolled. 

H. B. 1562, a bill to amend General Statute 105-277.4 to eliminate the 
imposition of deferred taxes at the time of transfer of ownership to family 
members, and to extend the period of listing under the Section. Passes 

its second and third readings and is ordered enrolled. 

Upon motion of Senator Kirby, the Senate adjourns to meet tomorrow 
at 2:30 P.M. 



162 SENATE JOURNAL [Session 

ONE HUNDRED TWENTY-NINTH DAY 

Senate Chamber, 

Thursday, February 28, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Al McEachern, Pastor of the First Baptist 
Church, Greensboro, North Carolina. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found to 
be correct, and upon his motion the reading of the Journal is dispensed with 
and it stands approved as written. 

The President grants leave of absence to Senator Scott for today. 

H. B. 932, H. B. 1228, and H. B. 1229. Upon motion of Senator 

Kirby, H. B. 932, a bill to authorize the State Board of Social Services to 
contract with agencies of the federal government, H. B. 1228, a bill to 
amend Article 2, Part 5 of Chapter 108 of the General Statutes, to provide 
for recovery from certain persons funds paid for medical assistance, and 
H. B. 1229, a bill to amend General Statute 110-118 to provide for the 
court to decide whether the custody of abused children shall be given to the 
director of social services, are taken from the Committee on Calendar and 
re-referred to the Committee on Public Health and Resources. 

enrolled bills 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. B. 1069, an act to amend Chapter 754, 1971 Session Laws relative to 
the time persons elected to the Charlotte-Mecklenburg Board of Education 
shall take office. 

S. B. 1074, an act to authorize the City of Sanford to expend nontax 
funds for the celebration of its one hundredth anniversary through a non- 
profit corporation. 

S. B. 1075, an act to authorize the Alcoholic Beverage Control Board of 
Mecklenburg County to trade a parcel of land to straighten out a property 
line. 

S. B. 1077, an act to amend Chapter 713 of the Session Laws of 1965, as 
amended, being the charter of the City of Charlotte, relating to the organi- 
zational meeting of city council. 

H. B. 1401, an act to amend General Statute 148-4 to expressly authorize 
community leaves. 

H. B. 1403, an act to provide for the filing of consolidated returns by 
husband and wife. 



1974] SENATE JOURNAL 163 

H. B. 1432, an act to remove an unnecessary duplication of subsections 
in General Statute 105-275. 

H. B. 1561, an act to amend General Statute 105-277.4 to make clear that 
a lien resulting from taxes due would attach only to the parcel of property 
as provided in General Statute 105-355 (a). 

H. B. 1562, an act to amend General Statute 105-277.4 to eliminate the 
imposition of deferred taxes at the time of transfer of ownership to family 
members, and to extend the period of listing under the section. 

H. B. 1569, an act to add Burke County to the provisions of Article 9B 
of Chapter 44 of the General Statutes relating to attachment or garnishment 
and lien for ambulance services in certain counties. 

H. B. 1576, an act to abolish the office of coroner in Nash County. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Williamson, for the Committee on Alcoholic Beverage Control : 

S. B. 1172, a bill to authorize the Town of Boiling Springs to hold an 
election for the sale of beer for off-premise consumption, without preju- 
dice. Upon motion of Senator Williamson, the rules are suspended, 
and the bill is placed on the Calendar for immediate consideration. 
Upon motion of Senator Williamson, the bill is postponed indefinitely. 

S. B. 1191, a bill authorizing the establishment of a town liquor control 
store in the Town of Liberty, Randolph County, and providing for the 
allocation of the net proceeds from the operation of such store, with a 
favorable report, as amended. 

S. B. 1220, a bill to amend Chapter 546, Session Laws of 1963, to deter- 
mine the distribution of certain income from the beverage control stores of 
the Town of Granite Falls, with a favorable report. 

By Senator Allsbrook, for the Committee on Judiciary No. 1: 

S. B. 995, a bill to exempt bicycles with helper motors from the registra- 
tion requirements of Chapter 20, with a favorable report. 

S. B. 1205, a bill to exempt volunteer rescue squads and lifesaving crews 
of Cleveland, Gaston, Lincoln and Rutherford Counties from the require- 
ments of General Statute 130-233 (a), (b), (c), and (d), with a favorable 
report. 

H. B. 1475, a bill to amend Chapter 362 of the 1953 Session Laws, which 
amended General Statute 152-5, in regard to coroner's fees in Halifax 
County, with a favorable report. 



164 SENATE JOURNAL [Session 

By Senator Britt, for the Committee on Judiciary No. 2: 

S. B. 757, a bill to repeal General Statute 14-24 regarding obtaining 
carnal knowledge of a married woman by personating her husband, with a 
favorable report. Upon motion of Senator Britt, the bill is placed on 

the Calendar for Monday, March 4. 

S. B. 758, a bill to repeal General Statute 14-25 regarding attempted 
carnal knowledge of a married woman by personating her husband, with a 
favorable report. Upon motion of Senator Britt, the bill is placed on 

the Calendar for Monday, March 4. 

S. B. 768, a bill to amend General Statute 14-203 by restricting the 
meaning of the term "prostitution," with a favorable report. Upon 

motion of Senator Britt, the bill is placed on the Calendar for Monday, 
March 4. 

S. B. 773, a bill eliminating sex discrimination provisions, with a favorable 
report. Upon motion of Senator Britt, the bill is placed on the Calen- 

dar for Monday, March 4. 

S. B. 774, a bill to repeal General Statute 14-323 regarding evidence that 
abandonment of wife and children by husband was willful, with a favorable 
report. Upon motion of Senator Britt, the bill is placed on the Calen- 

dar for Monday, March 4. 

S. B. 775, a bill to eliminate sex discrimination from the provisions 
regarding abandonment, with a favorable report. Upon motion of 

Senator Britt, the bill is placed on the Calendar for Monday, March 4. 

S. B. 776, a bill to amend General Statute 14-325 by eliminating sex dis- 
crimination from family support provisions, with a favorable report. 
Upon motion of Senator Britt, the bill is placed on the Calendar for Monday, 
March 4. 

S. B. 777, a bill to eliminate sex discrimination from the provisions 
concerning the offense of failure to support a child, with a favorable re- 
port. Upon motion of Senator Britt, the bill is placed on the Calendar 
for Monday, March 4. 

S. B. 778, a bill to provide that abandonment of children by either parent 
shall be a misdemeanor, with a favorable report. Upon motion of 

Senator Britt, the bill is placed on the Calendar for Monday, March 4. 

S. B. 779, a bill to eliminate sex discrimination from the provision denning 
the word "tramp," with a favorable report, as amended. Upon motion 

of Senator Britt, the bill is placed on the Calendar for Monday, March 4. 

S. B. 781, a bill to amend General Statute 29-19 to provide that illegiti- 
mate children will be treated as legitimate of either parent for purposes of 
intestate succession, without prejudice. Upon motion of Senator Britt, 

the rules are suspended, and the bill is placed on the Calendar for immediate 
consideration. Upon motion of Senator Britt, the bill is postponed 

indefinitely. 



1974] SENATE JOURNAL 165 

S. B. 786, a bill to eliminate the prohibition against certain interracial 
marriages, with a favorable report. Upon motion of Senator Britt, 

the bill is placed on the Calendar for Monday, March 4. 

S. B. 787, a bill to eliminate any reference to race and color on marriage 
licenses, with a favorable report. Upon motion of Senator Britt, the 

bill is placed on the Calendar for Monday, March 4. 

By Senator Stallings, for the Committee on Local Government and Re- 
gional Affairs: 

S. B. 108, a bill to specify the authority of local boards of alcoholic 
control to acquire and dispose of property, without prejudice. Upon 

motion of Senator Stallings, the rules are suspended, and the bill is placed 
on the Calendar for immediate consideration. Upon motion of Senator 

Stallings, the bill is postponed indefinitely. 

S. B. 229, a bill requiring that municipalities be incorporated for two 
years prior to becoming eligible to share in Powell Bill funds, without 
prejudice. Upon motion of Senator Stallings, the rules are suspended, 

and the bill is placed on the Calendar for immediate consideration. 
Upon motion of Senator Stallings, the bill is postponed indefinitely. 

S. B. 263, a bill to consolidate, revise, and amend the General Statutes 
relating to counties, without prejudice. Upon motion of Senator 

Stallings, the rules are suspended, and the bill is placed on the Calendar for 
immediate consideration. Upon motion of Senator Stallings, the bill 

is postponed indefinitely. 

S. B. 264, a bill to correct omissions, technical errors, and internal incon- 
sistencies in Chapter 160A of the General Statutes, without prejudice. 
Upon motion of Senator Stallings, the rules are suspended, and the bill is 
placed on the Calendar for immediate consideration. Upon motion of 

Senator Stallings, the bill is postponed indefinitely. 

S. B. 265, a bill implementing Article V, Section 2(5) of the Constitution 
of North Carolina with respect to the levy of property taxes by counties, 
cities, and other units of local government, without prejudice. Upon 

motion of Senator Stallings, the rules are suspended, and the bill is placed 
on the Calendar for immediate consideration. Upon motion of Senator 

Stallings, the bill is postponed indefinitely. 

S. B. 266, a bill to define a consolidated city-county; to authorize the 
governing board of a consolidated city-county to define, extend, consolidate 
and abolish urban service districts; to authorize the governing board of a 
consolidated city-county to levy taxes with urban service districts; and to 
set forth the debt limits and procedures for a consolidated city-county, 
without prejudice. Upon motion of Senator Stallings, the rules are 

suspended, and the bill is placed on the Calendar for immediate considera- 
tion. Upon motion of Senator Stallings, the bill is postponed indefi- 
nitely. 

S. B. 267, a bill to specify the manner in which local government and 
public authority budget ordinances are to be prepared and adopted for the 



166 SENATE JOURNAL [Session 

fiscal year beginning July 1, 1973, without prejudice. Upon motion of 

Senator Stallings, the rules are suspended, and the bill is placed on the 
Calendar for immediate consideration. Upon motion of Senator Stal- 

lings, the bill is postponed indefinitely. 

S. B. 268, a bill authorizing counties to establish service districts in order 
to provide certain services in unincorporated areas and to levy taxes therein 
and issue bonds therefor in order to finance such services, without preju- 
dice. Upon motion of Senator Stallings, the rules are suspended, and 
the bill is placed on the Calendar for immediate consideration. Upon 
motion of Senator Stallings, the bill is postponed indefinitely. 

S. B. 269, a bill to require the recordation of the order of approval of 
sanitary landfill sites, in order to protect subsequent purchasers of the site, 
without prejudice. Upon motion of Senator Stallings, the rules are 

suspended, and the bill is placed on the Calendar for immediate considera- 
tion. Upon motion of Senator Stallings, the bill is postponed indefi- 
nitely. 

S. B. 270, Committee Substitute for S. B. 270, a bill to amend Chapter 
780 of the 1971 Session Laws, in order to make technical amendments to 
Subchapters II and III of General Statute Chapter 159, as enacted by 
Chapter 780 and to make corresponding amendments to existing chapters 
of the General Statutes, without prejudice. Upon motion of Senator 

Stallings, the rules are suspended, and the Committee Substitute bill is 
placed on the Calendar for immediate consideration. Upon motion of 

Senator Stallings, the Committee Substitute bill is postponed indefinitely. 

S. B. 272, a bill to amend General Statute 115-126 concerning disposition 
of school property, without prejudice. Upon motion of Senator Stal- 

lings, the rules are suspended, and the bill is placed on the Calendar for 
immediate consideration. Upon motion of Senator Stallings, the bill 

is postponed indefinitely. 

S. B. 273, a bill to repeal Chapter 1076 of the Session Laws of 1971 and to 
validate municipal zoning and subdivision control ordinances enacted prior 
to January 1, 1972, without prejudice. Upon motion of Senator Stal- 

lings, the rules are suspended, and the bill is placed on the Calendar for 
immediate consideration. Upon motion of Senator Stallings, the bill 

is postponed indefinitely. 

S. B. 274, a bill amending the Local Government Sales and Use Tax Act 
so as to authorize the use of the proceeds thereof for any public purpose, 
without prejudice. Upon motion of Senator Stallings, the rules are 

suspended, and the bill is placed on the Calendar for immediate considera- 
tion. Upon motion of Senator Stallings, the bill is postponed indefi- 
nitely. 

S. B. 276, a bill authorizing cities to establish service districts and to levy 
taxes therein and issue bonds therefor in order to finance such services, 
without prejudice. Upon motion of Senator Stallings, the rules are 

suspended, and the bill is placed on the Calendar for immediate considera- 



1974] SENATE JOURNAL 167 

tion. Upon motion of Senator Stallings, the bill is postponed indefi- 

nitely. 

S. B. 290, Committee Substitute for S. B. 290, a bill to enact "the Multi- 
County Planning Organization Act of 1973," without prejudice. Upon 
motion of Senator Stallings, the rules are suspended, and the Committee 
Substitute bill is placed on the Calendar for immediate consideration. 
Upon motion of Senator Stallings, the Committee Substitute bill is post- 
poned indefinitely. 

S. B. 291, a bill to amend Chapter 160A of the General Statutes to 
establish requirements of a board of directors for a regional council of 
governments, without prejudice. Upon motion of Senator Stallings, the 

rules are suspended, and the bill is placed on the Calendar for immediate 
consideration. Upon motion of Senator Stallings, the bill is postponed 

indefinitely. 

S. B. 293, a bill to provide that the election for members of the county 
board of education shall be held in November, without prejudice. Upon 

motion of Senator Stallings, the rules are suspended, and the bill is placed 
on the Calendar for immediate consideration. Upon motion of Senator 

Stallings, the bill is postponed indefinitely. 

S. B. 295, a bill to implement State and regional land use and balanced 
growth planning, without prejudice. Upon motion of Senator Stallings, 

the rules are suspended, and the bill is placed on the Calendar for immediate 
consideration. Upon motion of Senator Stallings, the bill is postponed 

indefinitely. 

S. B. 316, a bill to incorporate the Town of Harrisburg in Cabarrus 
County subject to an election, without prejudice. Upon motion of 

Senator Stallings, the rules are suspended, and the bill is placed on the 
Calendar for immediate consideration. Upon motion of Senator Stal- 

lings, the bill is postponed indefinitely. 

S. B. 465, a bill to authorize the governing board of the Town of Lake 
Waccamaw to exercise all of the powers granted by Chapter 160A, Article 
19, of the General Statutes within 2,000 feet inland around the boundaries 
of Lake Waccamaw, without prejudice. Upon motion of Senator Stal- 

lings, the rules are suspended, and the bill is placed on the Calendar for 
immediate consideration. Upon motion of Senator Stallings, the bill 

is postponed indefinitely. 

S. B. 521, a bill to reorganize and expand the membership of the Wake 
County Board of Education, without prejudice. Upon motion of 

Senator Stallings, the rules are suspended, and the bill is placed on 
the Calendar for immediate consideration. Upon motion of Senator 

Stallings, the bill is postponed indefinitely. 

S. B. 528, a bill to amend Chapter 780 of the 1971 Session Laws, in order 
to make technical amendments to Subchapter IV of General Statute, Chapter 
159, as enacted by Chapter 780, and to make corresponding amendments to 
existing chapters of the General Statutes, without prejudice. Upon 



168 SENATE JOURNAL [Session 

motion of Senator Stallings, the rules are suspended and the bill is placed 
on the Calendar for immediate consideration. Upon motion of Senator 

Stallings, the bill is postponed indefinitely. 

S. B. 565, a bill to appropriate additional operating funds for the mental 
retardation complex in Mecklenburg County through the Department of 
Human Resources Mental Health System, without prejudice. Upon 

motion of Senator Stallings, the rules are suspended and the bill is placed 
on the Calendar for immediate consideration. Upon motion of Senator 

Stallings, the bill is postponed indefinitely. 

S. B. 575, a bill to provide for the creation of interim board of education 
for Wilson County and subsequent consolidation of the Elm City Schools 
Administrative Unit and the Wilson County Schools Administrative Unit, 
without prejudice. Upon motion of Senator Stallings, the rules are 

suspended, and the bill is placed on the Calendar for immediate considera- 
tion. Upon motion of Senator Stallings, the bill is postponed indefi- 
nitely. 

S. B. 726, a bill appointing the members of the Board of Education of 
Whiteville City School Administrative Unit, without prejudice. Upon 

motion of Senator Stallings, the rules are suspended, and the bill is placed 
on the Calendar for immediate consideration. Upon motion of Senator 

Stallings, the bill is postponed indefinitely. 

S. B. 727, a bill conforming Chapter 101 of the 1973 Session Laws to the 
Local Government Budget and Fiscal Act, without prejudice. Upon 

motion of Senator Stallings, the rules are suspended, and the bill is placed 
on the Calendar for immediate consideration. Upon motion of Senator 

Stallings, the bill is postponed indefinitely. 

S. B. 728, a bill to amend Chapter 101 of the 1973 Session Laws con- 
cerning the Columbus County Public Safety Commission and County Police 
Force, without prejudice. Upon motion of Senator Stallings, the rules 

are suspended, and the bill is placed on the Calendar for immediate con- 
sideration. Upon motion of Senator Stallings, the bill is postponed 
indefinitely. 

S. B. 739, a bill to eliminate residence requirement for municipal firemen, 
without prejudice. Upon motion of Senator Stallings, the rules are 

suspended, and the bill is placed on the Calendar for immediate considera- 
tion. Upon motion of Senator Stallings, the bill is postponed indefi- 
nitely. 

S. B. 1135, a bill to provide for the nomination, election, and compensation 
of members of the Edenton-Chowan Board of Education, with a favorable 
report, as amended. 

S. B. 1175, a bill to provide for the creation of an interim board of 
education for Wilson County and the subsequent consolidation of the Wilson 
City School Administrative Unit, the Elm City Administrative Unit, and the 
Wilson County Administrative Unit, without prejudice. Upon motion 

of Senator Stallings, the rules are suspended, and the bill is placed on 



1974] SENATE JOURNAL 169 

the Calendar for immediate consideration. Upon motion of Senator 

Stallings, the bill is postponed indefinitely. 

H. B. 476, a bill relating- to the compensation of the chairman and 
members of the Board of Education of Craven County, without preju- 
dice. Upon motion of Senator Stallings, the rules are suspended, and 
the bill is placed on the Calendar for immediate consideration. Upon 
motion of Senator Stallings, the bill is postponed indefinitely. 

H. B. 614, a bill to authorize any municipality in Mecklenburg County or 
the County of Mecklenburg or both to regulate soil erosion by ordinances, 
without prejudice. Upon motion of Senator Stallings, the rules are 

suspended, and the bill is placed on the Calendar for its immediate con- 
sideration. Upon motion of Senator Stallings, the bill is postponed 
indefinitely. 

H. B. 630, Committee Substitute for H. B. 630, a bill to provide for a 
nonpartisan primary and election for members of the Winston-Salem/ 
Forsyth County Board of Education, and for the members of the Winston- 
Salem Board of Aldermen subject to a referendum of the people, without 
prejudice. Upon motion of Senator Stallings, the rules are suspended 
and the Committee Substitute bill is placed on the Calendar for immediate 
consideration. Upon motion of Senator Stallings, the Committee Sub- 

stitute bill is postponed indefinitely. 

H. B. 820, a bill to authorize the City of Durham to engage in social- 
economic programs and crime prevention programs, without prejudice. 
Upon motion of Senator Stallings, the rules are suspended, and the bill is 
placed on the Calendar for immediate consideration. Upon motion of 

Senator Stallings, the bill is postponed indefinitely. 

H. B. 862, a bill to repeal Chapter 177 of the 1949 Session Laws pro- 
hibiting Sunday motor vehicle races in Wake County, without preju- 
dice. Upon motion of Senator Stallings, the rules are suspended, and 
the bill is placed on the Calendar for immediate consideration. Upon 
motion of Senator Stallings, the bill is postponed indefinitely. 

H. B. 1590, a bill to amend Chapter 101, Session Laws of 1973, relating to 
the Columbus County Public Safety Commission and County Police Force, 
with a favorable report. 

H. B. 1653, a bill to provide for annexation by the City of Gastonia of 
municipally-owned real property not contiguous to its corporate limits, with 
a favorable report. 

H. B. 1660, a bill to amend General Statute 115-29 to provide additional 
compensation for the chairman and members of the Chowan County Board 
of Education, without prejudice. Upon motion of Senator Stallings, 

the rules are suspended, and the bill is placed on the Calendar for immediate 
consideration. Upon motion of Senator Stallings, the bill is postponed 

indefinitely. 

H. B. 1730, a bill to provide for the creation of an interim board of 
education for Wilson County and the subseuent consolidation of the Wilson 



170 SENATE JOURNAL [Session 

City School Administrative Unit, the Elm City Administrative Unit, and 
the Wilson County Administrative Unit, with a favorable report. 

By Senator Royall, for the Committee on Public Health and Resources: 

S. B. 1170, a bill to provide federal food stamp programs in all counties 
of the State, with a favorable report, as amended. 

By Senator Rhyne, for the Committee on Wildlife: 

S. B. 1188, a bill to amend Section 2, Chapter 858, 1967 Session Laws, to 
permit hunting with pistols in Jackson County pursuant to General Statute 
113-104, with a favorable report. 

H. B. 1528, a bill to close temporarily the bear season in the First Repre- 
sentative District, with a favorable report. 

H. B. 1556, a bill to amend General Statute 113-109.8 to include Currituck 
County in the list of counties excluded from the coverage of Article 7A, 
Chapter 113 relating to safe distances for hunting migratory wild water- 
fowl, with a favorable report, as amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

S. B. 1313, by Senator Rountree, a bill to amend General Statute 147-45 
to include the Department of Social Rehabilitation and Control in the 
distribution of copies of State publications. Referred to Committee on 

State Government. 

S. B. 1314, by Senator Kirby, a bill to permit small electrical distribu- 
tion companies to charge the same rates for the same services as the utility 
companies from which they purchase their electricity at wholesale. Re- 

ferred to Committee on Public Utilities. 

S. B. 1315, by Senator White, a bill to amend Chapter 79 of the Session 
Laws of 1965, relating to street and sidewalk improvements in the Town 
of Ayden. Referred to Committee on Local Government and Regional 

Affairs. 

S. B. 1316, by Senator Deane, a bill to enumerate the causes for impeach- 
ment. Referred to Committee on Judiciary No. 2. 

S. B. 1317, by Senators Bob L. Barker, Kirby, Strickland, Williamson, 
Stallings, Garrison, Henley, and Raynor, a bill concerning ethics and con- 
flicts of interest of public officials. Referred to Committee on State 
Policies. 

S. B. 1318, by Senators Mullins and Allsbrook, a bill to place a surcharge 
on the sale of malt beverages and wine to fund the Alcoholism Research 
Fund. Referred to Committee on Finance. 

S. B. 1319, by Senators Blanchard and Robert J. Barker, a bill to author- 
ize the Governing Board of the Criminal Justice Academy to enter into 



1974] SENATE JOURNAL 171 

certain contracts without complying with the provisions of Article 8 of 
Chapter 143 of the General Statutes. Referred to Committee on Social 

Rehabilitation and Control and Law Enforcement. 

S. B. 1320, by Senator Folger, a bill to amend General Statute 20-19 
pertaining to period of suspension for D.U.I. Referred to Committee 

on Highway Safety. 

S. J. R. 1321, by Senators Bagnal, Butner, Blanchard, Robert J. Barker, 
and Horton, a joint resolution to direct the Department of Public Instruc- 
tion to find ways to improve reading performance among pupils in the public 
school system in North Carolina. Referred to Committee on Edu- 

cation. 

S. B. 1322, by Senator Horton, a bill to amend Chapter 53 of the General 
Statutes, entitled "banks" by changing the word "restricted" to "quali- 
fied." Referred to Committee on Banking. 

S. B. 1323, by Senators Coleman and Williamson, a bill to make a 
technical amendment in the law relating to application for ABC per- 
mit. Referred to Committee on Alcoholic Beverage Control. 

S. J. R. 1324, by Senators Raynor, Hardison, Scott, Blanchard, Stallings, 
Strickland, Royall, Coleman, Godwin, Folger, Harrington, Webster, William- 
son, Garrison, and Henley, a joint resolution directing the Department of 
Military and Veterans Affairs to investigate restrictions upon sale of gas 
upon military reservations to civilian employees. Referred to Com- 

mittee on Veterans and Military Affairs. 

S. B. 1325, by Senator Henley, a bill to amend Chapter 58 of the General 
Statutes of North Carolina by adding a new article thereto to be known 
as Article 17C. Referred to Committee on Insurance. 

S. B. 1326, by Senators Crawford, Rhyne, and Godwin, a bill to authorize 
the Board of Transportation to erect appropriate signs indicating the direc- 
tion to Horneytown. Referred to Committee on Transportation. 

S. B. 1327, by Senator Knox, a bill to amend Article 2 of Chapter 20 of 
the General Statutes of North Carolina to increase the fee for an operator's 
license and a chauffeur's license. Referred to Committee on Finance. 

S. B. 1328, by Senators Godwin and Harrington, a bill to validate the 
election held in Plymouth on November 6, 1973. Referred to Com- 

mittee on Local Government and Regional Affairs. 

S. B. 1329, by Senator Godwin, a bill to establish residence districts for 
the purpose of electing the Board of County Commissioners of Gates 
County. Referred to Committee on Local Government and Regional 

Affairs. 

S. B. 1330, by Senator Britt, a bill to provide for a nonpartisan election 
for members of the Board of Trustees of the Fairmont Administrative 
School Unit. Referred to Committee on Local Government and Re- 

gional Affairs. 



172 SENATE JOURNAL [Session 

S. B. 1331, by Senator Britt, a bill to provide for the election of the Red 
Springs Board of Education. Referred to Committee on Local Govern- 

ment and Regional Affairs. 

S. B. 1332, by Senator White, a bill to authorize and empower the County 
of Halifax to use county funds to construct a water line within the cor- 
porate limits of the Town of Halifax to enable the development of historic 
properties in said town. Referred to Committee on Local Government 

and Regional Affairs. 

S. B. 1333, by Senators Horton, Bagnal, Mullins, Robert J. Barker, Rhyne, 
Somers, Taylor, Wilkie, Kincaid, and Blanchard, a bill to permit the lower- 
ing of the retail price of milk. Referred to Committee on State 
Government. 

S. B. 1334, by Senators Strickland and Staton, a bill amending General 
Statute 45-12, relating to the substitution of a trustee in a mortgage or 
deed of trust. Referred to Committee on Judiciary No. 2. 

S. B. 1335, by Senators Strickland and Staton, a bill to define "religious 
purpose" to include residences of ministers assigned to or serving a con- 
ference, association, presbytery, diocese, district, synod or similar church 
unit. Referred to Committee on Finance. 

S. B. 1336, by Senator Stallings, a bill to abolish the officer of coroner in 
Craven County. Referred to Committee on Local Government and 

Regional Affairs. 

S. B. 1337, by Senators Godwin, Wilkie, Williamson, Harrington, Allen, 
Folger, Henley, Rhyne, Moore, Somers, Horton, Sharpe, Poovey, Mauney, 
Garrison, Bob L. Barker, Hughes, Blanchard, Robert J. Barker, Hardison, 
Mills, Saunders, Allsbrook, White, Mullins, Stallings, Royall, Webster, 
Kirby, and Raynor, a bill to require newpapers to print replies where they 
attack a person's character or his record of public service. Referred 

to Committee on Judiciary No. 1. 

S. B. 1338, by Senators McNeill Smith, Lynwood Smith, Saunders, and 
Rhyne, a bill to provide the State Board of Education increased funds for 
research, development and dissemination of better methods of teaching 
reading, writing, arithmetic and other basic skills. Referred to Com- 

mittee on Appropriations. 

S. B. 1339, by Senators McNeill Smith and Lynwood Smith, a bill to 
amend the charter of the City of Greensboro as revised and reorganized by 
Chapter 1137 of the Session Laws of 1959, and as amended, to grant 
authority for joint participation with Guilford County in community action 
programs. Referred to Committee on Local Government and Regional 

Affairs. 

S. B. 1340, by Senator Garrison, a bill to appropriate funds to implement 
the State Lands Policy Act of 1974. Referred to Committee on 

Appropriations. 



1974] SENATE JOURNAL 173 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting the 
following bills and resolutions, which are read the first time and disposed of, 
as follows: 

H. B. 463, Committee Substitute for H. B. 463, a bill to tax banks as 
other corporations. Referred to Committee on Finance. 

H. B. 1521, a bill to classify and exclude from the ad valorem tax base 
dogs owned as pets and not used for the production of income. Re- 

ferred to Committee on Finance. 

H. B. 1538, a bill relating to funds of occupational licensing boards. 
Referred to Committee on Finance. 

H. B. 1690, a bill to provide that all municipalities in Dare County shall 
have the powers of annexation contained in Chapter 160A of the General 
Statutes. Referred to Committee on Local Government and Regional 

Affairs. 

H. B. 1691, a bill to provide for voluntary annexation by the Town of 
Manteo of areas, territories, or subdivisions not contiguous to the municipal 
boundaries of the Town of Manteo. Referred to Committee on Local 

Government and Regional Affairs. 

H. B. 1705, a bill to amend Chapter 713 of the 1965 Session Laws, being 
the charter of the City of Charlotte, relating to insurance premiums. 
Referred to Committee on Local Government and Regional Affairs. 

H. B. 1726, a bill to prohibit the taking of game from a section of Rural 
Road 1142 in Martin County. Referred to Committee on Local Govern- 

ment and Regional Affairs. 

H. B. 1732, a bill to amend Chapter 87, Session Laws of 1961, as amended, 
pertaining to the charter of the Town of Chapel Hill. Referred to 

Committee on Local Government and Regional Affairs. 

H. B. 1766, a bill relating to the practice of cosmetology. Referred 

to Committee on Finance. 

H. B. 1771, a bill to amend Chapter 459 of the Session Laws of 1963 
relating to eligibility for supplemental retirement benefits for members of 
the fire department of the Town of Morganton. Referred to Committee 

on Local Government and Regional Affairs. 

H. B. 1791, a bill to prohibit waterfowl hunting from certain roads and 
highways in Chowan County. Referred to Local Government and Re- 

gional Affairs. 

H. B. 1823, a bill to exempt Carteret County from the provisions of 
Article 5 of Chapter 39 of the General Statutes. Referred to Com- 

mittee on Local Government and Regional Affairs. 



174 SENATE JOURNAL [Session 

H. B. 1828, a bill authorizing the Davie County Board of Education to 
convey certain real property. Referred to Committee on Local Govern- 

ment and Regional Affairs. 

H. B. 1834, a bill to amend Chapter 263 of the 1973 Session Laws 
relating to taxing districts in Guilford County. Referred to Committee 

on Local Government and Regional Affairs. 

H. B. 1835, a bill modifying the terms of office of certain members of the 
Burke County Board of Education. Referred to Committee on Local 

Government and Regional Affairs. 

H. B. 1836, a bill to create the Henderson County Fire Commission and 
to define its duties and responsibilities. Referred to Committee on 

Local Government and Regional Affairs. 

H. B. 1840, Committee Substitute for H. B. 1840, a bill to provide for 
staggered terms for LaGrange Council members. Referred to Com- 

mittee on Local Government and Regional Affairs. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

S. B. 1035, a bill establishing guidelines for establishing charges and 
setting rates of water and sewer utilities, upon second reading. Upon 

motion of Senator Staton, consideration of the bill is postponed until 
Tuesday, March 5. 

S. B. 1083, a bill to amend General Statute 20-124 to prohibit the sale of 
house trailers not equipped with the braking system required by law. 
Upon motion of Senator McNeill Smith, the Committee amendment is 
adopted. Senator Mullins offers an amendment which is adopted. 

Senator McNeill Smith calls the previous question, duly seconded. The 

bill, as amended, passes its second reading. Upon objection of Senator 

Rhyne to its third reading, the bill, as amended, remains upon the Calendar. 

S. B. 1097, a bill to amend General Statute 20-183.8 to make unlawful the 
attaching of an inspection certificate to a vehicle that has not been in- 
spected. Upon motion of Senator McNeill Smith, the Committee amend- 
ment is adopted. The bill, as amended, passes its second and third 
readings and is ordered engrossed and sent to the House of Representatives. 

S. B. 1099, a bill to amend General Statute 78-19 of the General Statutes 
relating to interest charges by brokers or dealers. Passes its second 

and third readings and is ordered sent to the House of Representatives. 

S. B. 1179, a bill to provide that it be a misdemeanor to encourage a child 
under 18 to be delinquent, undisciplined or neglected. Passes its second 

and third readings and is ordered sent to the House of Representatives. 

S. B. 1190, a bill to amend General Statute's Section 93A-6, entitled 
"Revocation or suspension of licenses by Board." Senator Folger offers an 
amendment which is adopted. The bill, as amended, passes its second 



1974] SENATE JOURNAL 175 

and third readings and is ordered engrossed and sent to the House of 
Representatives. 

S. B. 1196, a bill to permit the Board of Paroles to grant temporary 
parole to a committed youthful offender within the last 90 days of his 
confinement, upon third reading. Passes its third reading and is 

ordered sent to the House of Representatives. 

S. B. 1218, a bill to correct a technical error in Chapter 476, Section 128 
of the 1973 Session Laws pertaining to conforming changes to effectuate 
reorganization. Passes its second and third readings and is ordered 

sent to the House of Representatives. 

S. B. 1228, a bill to amend General Statute 143B-179 to increase the 
membership of the Council on Developmental Disabilities of the Department 
of Human Resources. Passes its second and third readings and is 

ordered sent to the House of Representatives. 

S. B. 1231, a bill to amend the Workmen's Compensation Act regarding 
accidents taking place outside the State. Passes its second and third 

readings and is ordered sent to the House of Representatives. 

S. B. 1232, a bill to extend the time limitation for filing and reopening 
certain claims under the provisions of the Workmen's Compensation 
Act. Passes its second and third readings and is ordered sent to the 

House of Representatives. 

S. B. 1241, a bill to amend General Statute 106-323, relating to the pay- 
ment by the State of a part of the value of certain animals destroyed on 
account of disease. Passes its second and third readings and is 

ordered sent to the House of Representatives. 

S. B. 1244, a bill to amend Chapter 134 of the General Statutes of North 
Carolina to provide for a child advocacy council within the Department of 
Youth Development. Upon motion of Senator Mills, consideration of 

the bill is postponed until Wednesday, March, 6. 

H. B. 1224, Committee Substitute for H. B. 1224, a bill to amend the 
Income Tax Act to provide a credit against income tax for the construction 
of dwelling units which satisfy North Carolina Building Code standards 
for handicapped living units. The Committee Substitute bill passes its 

second and third readings and is ordered enrolled. 

H. B. 1482, a bill to amend Chapter 743 of the Session Laws of 1951 
relating to the nomination and election of members of the Transylvania 
County Board of Education. Senator Taylor offers an amendment 

which is adopted. The bill, as amended, passes its second reading. 

The vote by which the bill, as amended, passes its second reading is recon- 
sidered. Upon motion of Senator Taylor, the vote by which his 
amendment was adopted is reconsidered and the amendment is with- 
drawn. Senator Taylor offers an amendment which is adopted. 
The bill, as amended, passes its second and third readings and is ordered 
sent to the House of Representatives for concurrence in the Senate amend- 
ment. 



176 SENATE JOURNAL [Session 

H. B. 1491, Committee Substitute for H. B. 1491, a bill establishing 
guidelines for establishing charges and setting rates of water and sewer 
utilities, upon second reading. Senator Staton offers an amendment 

which is adopted. The Committee Substitute bill, as amended, passes 

its second reading by roll-call vote, ayes 40, noes 3, as follows: Those 

voting in the affirmative are: Senators Alford, Alien, Allsbrook, Bagnal, 
Bahakel, Bob L. Barker, Robert J. Barker, Blanchard, Britt, Butner, 
Coleman, Crawford, Deane, Folger, Garrison, Godwin, Gudger, Hardison, 
Harrington, Henley, Horton, Hughes, Kirby, Knox, Mauney, Moore, Poovey, 
Raynor, Royall, Saunders, Sharpe, Lynwood Smith, McNeill Smith, Staton, 
Strickland, Taylor, Webster, White, Wilkie, Williamson — 40. Those 

voting in the negative are: Senators Kincaid, Rhyne, Somers — 3. 
Upon motion of Senator Staton, the Committee Substitute bill, as amended, 
is placed on the Calendar for Tuesday, March 5. 

H. B. 1492, a bill to amend General Statute 20-16.2 to delete the reference 
to a revocation under the provisions of General Statute 20-16.3. Passes 

its second and third readings and is ordered enrolled. 

H. B. 1522, a bill to amend General Statute 115-359 to clarify entrance 
age eligibility of kindergarten pupils. Senator Alford offers an amend- 

ment which is adopted. The bill, as amended, passes its second and 

third readings and is ordered sent to the House of Representatives for 
concurrence in the Senate amendment. 

H. B. 1574, a bill repealing General Statute 66-29 relating to agreements 
for spraying and pruning nursery stock. Passes its second and third 

readings and is ordered enrolled. 

H. B. 1583, a bill to provide for a ten-day temporary motor vehicle 
registration marker. Passes its second and third readings and is 

ordered enrolled. 

Upon motion of Senator Allen, the Senate adjourns to meet tomorrow at 
10:00 A.M. 



ONE HUNDRED THIRTIETH DAY 

Senate Chamber, 
Friday, March 1, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found to 
be correct, and upon his motion the reading of the Journal is dispensed with 
and it stands approved as written. 



1974] SENATE JOURNAL 177 

The President grants leaves of absence to Senators Bahakel, Rhyne and 
Rauch for today. 

The President introduces Mr. Thomas Worth of Jefferson, North Carolina, 
who is Lieutenant Governor of the Day in connection with Youth Involve- 
ment Day sponsored by the Youth Councils of North Carolina. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Allsbrook, for the Committee on Judiciary No. 1: 

S. B. 1088, a bill to amend General Statute 1-42.1 relating to certain 
mineral claims, with an unfavorable report as to bill, favorable as to Com- 
mittee Substitute bill. Upon motion of Senator Allsbrook, the rules 
are suspended, and the Committee Substitute bill is placed on today's 
Calendar. 

S. B. 1091, a bill to amend General Statute Chapter 122, Article 3, Part 
2 (Patient's Rights), and to provide specific patient's rights for minors, 
with an unfavorable report as to bill, favorable as to Committee Sub- 
stitute bill. Upon motion of Senator Allsbrook, the rules are sus- 
pended, and the Committee Substitute bill is placed on today's Calendar. 

By Senator Britt, for the Committee on Judiciary No. 2: 

S. B. 1027, a bill to authorize counties to appoint a warden to enforce the 
litter laws of North Carolina, with a favorable report, as amended. 
Upon motion of Senator Britt, the bill, as amended, is placed on the 
Calendar for Tuesday, March 5. 

S. B. 1126, a bill concerning the defense of State employees and former 
employees in relation to claims arising out of or in connection with their 
employment by the State, with a favorable report. Upon motion of 

Senator Britt, the bill is placed on the Calendar for Tuesday, March 5. 

S. B. 1226, a bill pertaining to the modification of land records in the 
office of the register of deeds, with a favorable report. Upon motion 

of Senator Britt, the bill is placed on the Calendar for Tuesday, March 5. 

H. B. 1179, a bill to grant county commissioners authority to regulate 
the disposing and discarding of trash within counties, with a favorable 
report, as amended. Upon motion of Senator Britt, the bill, as 

amended, is placed on the Calendar for Tuesday, March 5. 

H. B. 1182, a bill to regulate the placing of trash, refuse and garbage 
within municipal limits, with a favorable report, as amended. Upon 

motion of Senator Britt, the bill, as amended, is placed on the Calendar for 
Tuesday, March 5. 



178 SENATE JOURNAL [Session 

H. B. 1621, a bill to amend General Statute 28-8 to allow persons eighteen 
years old and older to be issued letters of administration or letters testa- 
mentary, with a favorable report. Upon motion of Senator Britt, the 
bill is placed on the Calendar for Tuesday, March 5. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

S. B. 1341, by Senators Wilkie and Sharpe, a bill to amend the North 
Carolina Junkyard Control Act. Referred to Committee on State 

Policies. 

S. B. 1342, by Senator Mauney, a bill to amend General Statute 20-57 
relating to motor vehicle registration cards. Referred to Committee 

on Highway Safety. 

S. J. R. 1343, by Senators Alford, Lynwood Smith, Staton, Royall, Garri- 
son, Mauney, Mills, Blanchard, Sharpe, Wilkie, Butner and Bagnal, a joint 
resolution advocating timely provision of federal funds for education. 
Referred to Committee on Education. 

S. B. 1344, by Senator Stallings, a bill authorizing the United States 
Forest Service to establish and maintain a public swimming area in the 
Neuse River opposite the recreation area of the Croatan National Forest, 
Craven County. Referred to Committee on Natural and Economic 

Resources. 

S. B. 1345, by Senators Lynwood Smith, McNeill Smith and Murrow, a 

bill to amend Chapters 686 and 721, 1971 Session Laws, relating to the 

Civil Service Act of the City of High Point. Referred to Committee on 
Local Government and Regional Affairs. 

S. B. 1346, by Senator Scott, a bill to amend Chapter 523 of the 1973 
Session Laws to provide change only with respect to a wholly self -liquidat- 
ing capital improvement project at East Carolina University. Referred 
to Committee on Appropriations. 

S. B. 1347, by Senator Knox, a bill to appropriate funds for the North 
Carolina Courts Commission. Referred to Committee on Appropria- 

tions. 

S. B. 1348, by Senators Knox, Moore and Mullins, a bill to appropriate 
funds to the Children's Theatre of Charlotte, Inc. Referred to Com- 

mittee on Appropriations. 

S. B. 1349, by Senator Knox, a bill to amend General Statute 62-133 (c) 
in order to grant to the North Carolina Utilities Commission the authority, 
in its discretion, to use a current as well as a past test period in establish- 
ing public utility rates. Referred to Committee on Public Utilities. 

S. J. R. 1350, by Senators Mills, Garrison, Mullins, Williamson, Britt and 
Webster, a joint resolution calling upon the United States Government to 



1974] SENATE JOURNAL 179 

obtain from the Government of North Vietnam an accurate accounting of all 
American servicemen missing in action. Referred to Committee on 

Veterans and Military Affairs. 

S. B. 1351, by Senators Mills, Garrison, Mullins, Williamson, Britt and 
Webster, a bill to provide that deductions for group accident, health, and 
life insurance premiums deducted from the salaries of State Highway 
employees who are paid bi-weekly shall be equally apportioned between pay 
periods. Referred to Committee on State Government. 

S. B. 1352, by Senators Alford and Kirby, a bill to authorize the Board 
of County Commissioners of Franklin County to establish terms of three 
years for the members of all boards, commissions, councils, committees or 
other bodies upon which the power of appointment has been conferred to 
the county commissioners. Referred to Committee on Local Govern- 

ment and Regional Affairs. 

S. B. 1353, by Senator Strickland, a bill to amend General Statute 
58-224.2, relating to the transfer of benefits of a deceased member of a 
mutual burial association. Referred to Committee on Judiciary No. 2. 

S. B. 1354, by Senator Strickland, a bill appropriating funds for con- 
structing and equipping a central laundry at Cherry Hospital. Referred 
to Committee on Appropriations. 

S. B. 1355, by Senator Allsbrook, a bill to amend General Statute 14-402 
to change the county in which a permit must be issued when buying or re- 
ceiving a weapon from the county of purchase or receipt to the county of 
the residence of the purchaser or receiver. Referred to Committee on 

Judiciary No. 1. 

S. B. 1356, by Senator Allsbrook, a bill amending Chapter 954 of the 
1965 Session Laws, so as to provide that Halifax County shall be governed 
by the provisions of General Statute 14-269.1 relating to the confiscation 
of firearms. Referred to Committee on Judiciary No. 1. 

S. B. 1357, by Senator Allsbrook, a bill to remove Halifax County from 
the coverage of General Statute 14-409.1 pertaining to clerks of superior 
court issuing permits to purchase weapons. Referred to Committee on 

Judiciary No. 1. 

S. B. 1358 by Senator Allsbrook, a bill to amend General Statute 14-409.1 
to change the county in which a permit must be issued when buying or re- 
ceiving a weapon from the county of purchase or receipt to the county of 
the residence of the purchaser or receiver. Referred to Committee on 

Judiciary No. 1. 

S. B. 1359, by Senator Allsbrook, a bill to amend General Statute 14-404 
to expand the reasons for which a sheriff may issue a permit to carry cer- 
tain weapons. Referred to Committee on Judiciary No. 1. 

S. B. 1360, by Senator Allsbrook, a bill to expand the reasons for which 
a sheriff may issue a permit to carry certain weapons. Referred to 

Committee on Judiciary No. 1. 



180 SENATE JOURNAL [Session 

S. B. 1361, by Senators Hardison, White, Strickland, Garrison, Stalling^, 
Mills, Henley, and Alford, a bill to create a State farm operations board 
within the Department of Administration. Referred to Committee on 

Appropriations. 

S. B. 1362, by Senators McNeill Smith, Stallings, Godwin, Allen, Royall, 
Garrison, Bob L. Barker, Britt, Staton, Folger, Coleman and Webster, a 
bill to authorize and provide direct grants to economic opportunity agen- 
cies. Referred to Committee on Appropriations. 

S. B. 1363, by Senator McNeill Smith, a bill to amend General Statute 
20-28 pertaining- to motor vehicle driver's license revocations. Re- 

ferred to Committee on Highway Safety. 

S. B. 1364, by Senators McNeill Smith and Deane, a bill to prohibit 
smoking in elevators inspected by the State. Referred to Committee 

on State Policies. 

S. B. 1365, by Senator Folger, a bill to amend Article 1 of Chapter 74 of 
the General Statutes relating* to mineral commodity reports. Referred 

to Committee on Manufacturing, Labor and Commerce. 

S. B. 1366, by Senators Royall and Allen, a bill relating- to the division of 
profits from liquor control stores in Durham County. Referred to 

Committee on Local Government and Regional Affairs. 

S. B. 1367, by Senator Allsbrook, a bill to amend General Statute 14-409.2 
to correct the permit form issued by the clerk of the superior court to per- 
sons who carry certain weapons. Referred to Committee on Judiciary 
No. 1. 

S. B. 1368, by Senator Allsbrook, a bill to amend General Statute 14-403 
to correct the permit form issued by sheriffs to persons who carry certain 
weapons. Referred to Committee on Judiciary No. 1. 

S. B. 1369, by Senators Royall, White and Allen, a bill to amend the 
North Carolina Biological Organism Act (General Statute 106-65.42 et. 
seq.). Referred to Committee on Agriculture. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Represen- 
tatives : 

H. B. 1188 House of Representatives 

February 28, 1974 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the infor- 
mation that the House has adopted the report of the Conferees on House 
Bill No. 1188, a bill to amend Rule 34 of the Rules of Civil Procedure to 
eliminate the Clerk of Court, except in proceedings pending before him, 



1974] SENATE JOURNAL 181 

as an officer who can compel the production of documents, under Rule 34, 
to the end that when a similar action has been taken on the part of the 
Senate, we will order the bill enrolled. 

Respectfully, 

Grace A. Collins 
Principal Clerk 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and dis- 
posed of as follows: 

H. B. 1380, a bill to amend General Statute 1-305 and General Statute 
1-310 to harmonize the time for issuance of executions with the provisions 
of Rule 62 of the Rules of Civil Procedure. Referred to Committee on 

Judiciary No. 2. 

H. B. 1479, a bill to amend General Statute 66-84 to include Hoke County 
within the closing-out sales provisions. Referred to Committee on 

Judiciary No. 2. 

H. B. 1519, a bill prescribing the election of the Board of Education of 
Pender County. Referred to Committee on Local Government and 

Regional Affairs. 

H. B. 1593, a bill providing for the election of members of the Chapel Hill- 
Carrboro City Board of Education, and fixing their terms of office. Re- 

ferred to Committee on Local Government and Regional Affairs. 

H. B. 1636, a bill to amend General Statute 20-108 to make the Section 
applicable to vehicle transmissions and to prescribe a minimum fine. 
Referred to Committee on Highway Safety. 

H. J. R. 1640, a joint resolution recognizing the problem of increased 
solid waste and the need for the establishment of appropriate facilities for 
the recovery and re-use of resources found in solid wastes. Referred 

to Commitee on Natural and Economic Resources. 

H. B. 1647, a bill relating to retirement benefits for employees of the 
City of Lincolnton in Lincoln County. Referred to Committee on Local 

Government and Regional Affairs. 

H. B. 1719, a bill to amend Article 1 of the charter of the City of Eden as 
set forth in Chapter 967, Session Laws of 1967. Referred to Committee 

on Local Government and Regional Affairs. 

H. B. 1731, a bill to amend Chapter 890 of the 1971 Session Laws to 
bring two tracts of land within the corporate lands of the Minnesott 
Beach. Referred to Committee on Local Government and Regional 

Affairs. 



182 SENATE JOURNAL [Session 

H. B. 1776, a bill to authorize Tabor City to annex certain lands subject 
to approval by the citizens voting in referendum. Referred to Com- 

mittee on Local Government and Regional Affairs. 

H. B. 1787, a bill deleting from the charter of the City of Winston-Salem 
certain outmoded and outdated provisions. Referred to Committee on 

Local Government and Regional Affairs. 

H. B. 1841, a bill to continue supplemental school taxes in Buncombe 
County in effect after merger. Referred to Committee on Local Gov- 

ernment and Regional Affairs. 

H. B. 1864, a bill to incorporate the Rural Hall Sanitary District into a 
municipality to be known as the Town of Rural Hall. Referred to 

Committee on Local Government and Regional Affairs. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

S. B. 995, a bill to exempt bicycles with helper motors from the registra- 
tion requirements of Chapter 20. Senator Staton offers an amendment 
which is adopted. The bill, as amended, passes its second reading. 
Upon objection of Senator McNeill Smith to its third reading, the bill, as 
amended, remains on the Calendar. 

S. B. 1083, a bill to amend General Statute 20-124 to prohibit the sale of 
house trailers not equipped with the braking system required by law, as 
amended, upon third reading. The bill, as amended, passes its third 

reading and is ordered engrossed and sent to the House of Representatives. 

S. B. 1088, Committee Substitute for S. B. 1088, a bill to add General 
Statute 1-42.3 relating to the extinguishment of certain additional mineral 
rights. Upon motion of Senator Allsbrook, the Committee Substitute 

bill is adopted and remains on the Calendar. 

S. B. 1091, Committee Substitute for S. B. 1091, a bill to amend General 
Statute Chapter 122, Article 3, Part 2 (Patient's Rights), and to provide 
specific patient's rights for minors. Upon motion of Senator Allsbrook, 

the Committee Substitute is adopted and remains on the Calendar. 

S. B. 1118, a bill to amend Chapter 101, Session Laws of 1973, re- 
lating to the Columbus County Public Safety Commission and County Police 
Force. Upon motion of Senator Williamson, consideration of the bill 

is postponed indefinitely. 

S. B. 1135, a bill to provide for the nomination, election, and compensation 
of members of the Edenton-Chowan Board of Education. Upon motion 

of Senator Godwin, the Committee amendment is adopted. The bill, as 

amended, passes its second and third readings and is ordered engrossed and 
sent to the House of Representatives. 



1974] SENATE JOURNAL 183 

S. B. 1170, a bill to provide Federal Food Stamp Programs in all counties 
of the State, upon third reading. Upon motion of Senator Sharpe, the 

Committee amendment is adopted, necessitating another second reading of 
the bill. The bill, as amended, passes its second and third readings 

and is ordered engrossed and sent to the House of Representatives. 

S. B. 1188, a bill to amend Section 2, Chapter 858, 1967 Session Laws, to 
permit hunting with pistols in Jackson County pursuant to General Statute 
113-104. Passes its second and third readings and is ordered sent to 

the House of Representatives. 

S. B. 1191, a bill authorizing the establishment of a town liquor control 
store in the Town of Liberty, Randolph County, and providing for the al- 
location of the net proceeds from the operation of such store. Upon 
motion of Senator Knox, the Committee amendment is adopted. The 
bill, as amended, passes its second and third readings and is ordered en- 
grossed and sent to the House of Representatives. 

S. B. 1205, a bill to exempt volunteer rescue squads and lifesaving crews 
of Cleveland, Gaston, Lincoln and Rutherford Counties from the require- 
ments of General Statute 130-233(a) (b) (c) and (d). Passes its second 
and third readings and is ordered sent to the House of Representatives. 

S. B. 1220, a bill to amend Chapter 546, Session Laws of 1963, to determine 
the distribution of certain income from the beverage control stores of the 
Town of Granite Falls. Upon motion of Senator Williamson, considera- 

tion of the bill is postponed until Monday, March 4. 

H. B. 1475, a bill to amend Chapter 362 of the 1953 Session Laws, which 
amended General Statute 152-5, in regard to coroner's fees in Halifax 
County, upon second reading. The bill passes its second reading by 

roll-call vote, ayes 39, noes 0, as follows: Those voting in the affirma- 

tive are: Senators Alford, Allen, Allsbrook, Bagnal, Bob L. Barker, Robert 
J. Barker, Blanchard, Britt, Butner, Deane, Folger, Garrison, Godwin, 
Gudger, Hardison, Henley, Horton, Kirby, Knox, Mauney, Mills, Moore, 
Mullins, Murrow, Poovey, Raynor, Royall, Saunders, Scott, Sharpe, Lynwood 
Smith, McNeill Smith, Stallings, Staton, Strickland, Webster, White, Wilkie, 
Williamson — 39. The bill remains on the Calendar. 

H. B. 1556, a bill to amend General Statute 113-109.8 to include Currituck 
County in the list of counties excluded from the coverage of Article 7A, 
Chapter 113 relating to safe distances for hunting migratory wild water- 
fowl. Upon motion of Senator Godwin, the Committee amendment 
is adopted. The bill, as amended, passes its second and third readings 
and is ordered sent to the House of Representatives i ir concurrence in the 
Senate amendment. 

H. B. 1528, a bill to close temporarily the bear season in the First 
Representative District. Passes its second and third readings and is 

ordered enrolled. 



184 SENATE JOURNAL [Session 

H. B. 1590, a bill to amend Chapter 101, Session Laws of 1973, relating 
to the Columbus County Public Safety Commission and County Police 
Force. Passes its second and third readings and is ordered enrolled. 

H. B. 1653, a bill to provide for annexation by the City of Gastonia of 
municipally-owned real property not contiguous to its corporate limits, upon 
second reading. The bill passes its second reading by roll-call vote, 

ayes 39, noes 0, as follows: Those voting in the affirmative are: 

Senators Alford, Allen, Allsbrook, Bagnai, Bob L. Barker, Robert J. Barker, 
Blanchard, Britt, Butner, Deane, Folger, Garrison, Godwin, Gudger, Hardi- 
son, Henley, Horton, Kirby, Knox, Mauney, Mills, Moore, Mullins, Murrow, 
Poovey, Raynor, Royall, Saunders, Scott, Sharpe, Lynwood Smith, McNeill 
Smith, Stallings, Staton, Strickland, Webster, White, Wilkie, Williamson 
— 39. The bill remains on the Calendar. 

H. B. 1730, a bill to provide for the creation of an interim board of 
education for Wilson County and the subsequent consolidation of the Wilson 
City School Administrative Unit, the Elm City Administrative Unit, and the 
Wilson County Administrative Unit. Passes its second and third read- 

ings and is ordered enrolled. 

CONFERENCE REPORT 

H. B. 1188 

Senator Gudger, for the Conferees appointed to study the differences 
arising between the Senate and House of Representatives on H. B. 1188, a 
bill to amend Rule 34 of the Rules of Civil Procedure to eliminate the 
Clerk of Court, except in proceedings pending before him, as an officer 
who can compel the production of documents, under Rule 34, submits the 
following report: 

To the President of the Senate and the Speaker of the House of Rep- 
resentatives: 

We, the conferees appointed to consider and resolve the differences be- 
tween the two bodies with respect to H. B. 1188, a bill to be entitled an act 
to amend Rule 34 of the Rules of Civil Procedure to eliminate the Clerk of 
Court, except in proceedings pending before him, as an officer who can 
compel the production of documents, under Rule 34, beg leave to report as 
follows : 

The Conferees agreed that the following language be deleted from the 
amendment adopted January 29, 1974, which said amendment No. 2 was 
submitted by Senator Gudger: "a majority of the members of a Board of 
Arbitration appointed pursuant to General Statute 1-567-1." 



1974] SENATE JOURNAL 185 

And to this end, we the said Conferees, recommend that the House of 
Representatives adopt this Conference Report. 

This the 28th day of February, 1974. 

Lamar Gudger 
Hamilton C. Horton 
Luther J. Britt, Jr. 
Conferees for the Senate 

John C. Stevens 
Howard Twiggs 
David M. Blackwell 
Conferees for the House 
of Representatives 

Upon motion of Senator Gudger, the Conference Report is adopted and 
a message is ordered sent to the House of Representatives informing that 
Honorable Body of such action. 

Upon motion of Senator Allen, the Senate adjourns to meet on Monday 
at 8:00 P.M. 



ONE HUNDRED THIRTY-FIRST DAY 

Senate Chamber, 
Monday, March 4, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of Friday has been examined and is found to 
be correct, and upon his motion the reading of the Journal is dispensed with 
and it stands approved as written. 

The President grants leaves of absence to Senators Alford and Knox for 
tonight. 

S. B. 1298, upon motion of Senator Kirby, S. B. 1298, a bill amending 
Chapter 907 of the 1971 Session Laws to provide change only with respect 
to a self-liquidating addition to the Student Center at the University of 
North Carolina at Charlotte, is taken from the Committee on Finance and 
re-referred to the Committee on Appropriations. 

The President recognizes the following pages serving in the Senate this 
week: Bill Winecoff, Hillsborough; Hugh Loftin, Hillsborough; Don Horton, 
Tarboro; Susan Barr, West Jefferson; Joy Sullivan, Jacksonville; Sarah Lisa 
Purvis, Charlotte; Barry Mayfield, East Flat Rock; Mary Paige Pate, 



186 SENATE JOURNAL [Session 

Raleigh; C. W. Mayo, Tarboro; Russ Clay, Raleigh; William Bentley 
Wilkinson, Smithfield; Anne Bell, Fayetteville; Nick Ashford, Fayetteville; 
Carolyn Speight, Mt. Airy; Susan Cranford, Durham; Ruby Owens, Fayette- 
ville; Lucinda Jean Morris, Jacksonville; Thomas Moore III, Winston-Salem; 
Greyling Mark Peoples, Wake Forest; Mary Hall, Raleigh; Tom Hearn, 
Albemarle; Bill Grieser, Greensboro; Casey Spain, Greensboro; Carol Lee 
Moore, Greensboro; and John Mclnnis, Hillsborough. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. B. 1041, an act to provide for the recognition of safety equipment 
inspection certificates issued by other jurisdictions. 

H. B. 1224, an act to amend the Income Tax Act to provide a credit 
against income tax for the construction of dwelling units which satisfy 
North Carolina Building Code standards for handicapped living units. 

H. B. 1257, an act to amend the Natural and Scenic Rivers Act of 1971. 

H. B. 1474, an act to amend General Statute 105-60 to excuse day-care 
facilities having a tax exempt status from paying the privilege license tax 
fee. 

H. B. 1482, an act to amend Chapter 743 of the Session Laws of 1951 
relating to the nomination and election of members of the Transylvania 
County Board of Education. 

H. B. 1492, an act to amend General Statute 20-16.2 to delete the reference 
to a revocation under the provisions of General Statute 20-16.3. 

H. B. 1515, an act to permit Alamance County Commissioners to practice 
law. 

H. B. 1522, an act to amend General Statute 115-205.12 to clarify entrance 
age eligibility of kindergarten pupils. 

H. B. 1528, an act to close temporarily the bear season in the First 
Representative District. 

H. B. 1574, an act repealing General Statute 66-29 relating to agreements 
for spraying and pruning nursery stock. 

H. B. 1583, an act to provide for a ten-day temporary motor vehicle 
registration marker. 

H. B. 1590, an act to amend Chapter 101, Session Laws of 1973, relating 
to the Columbus County Public Safety Commission and County Police Force. 

H. B. 1730, an act to provide for the creation of an interim Board of 
Education for Wilson County and the subsequent consolidation of the 



1974] SENATE JOURNAL 187 

Wilson City School Administrative Unit, the Elm City Administrative Unit, 
and the Wilson County Administrative Unit. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Stallings, for the Committee on Local Government and Re- 
gional Affairs: 

S. B. 1174, a bill to provide for the election of the Board of Commissioners 
of the Town of Cerro Gordo and to appoint an additional member, with a 
favorable report. 

S. B. 1201, a bill to amend General Statute 160A-64(a) to authorize travel 
and expense allowance for elected municipal officials, with a favorable report. 

S. B. 1202, a bill to preserve four-year straight terms for elected officials 
in certain municipalities, with a favorable report. 

S. B. 1219, a bill to create the Henderson County Fire Commission and 
to define its duties and responsibilities, without prejudice. Upon motion 

of Senator Stallings the rules are suspended, and the bill is placed on the 
Calendar for immediate consideration. Upon motion of Senator Stall- 

ings, the bill is postponed indefinitely. 

S. B. 1242, a bill validating the appointment of election officials in the 
Town of Fairmont, with a favorable report. 

S. B. 1258, a bill to incorporate the Town of Shady Forest, with a favor- 
able report. 

H. B. 1068, a bill to amend Article 12 of Chapter 130 to provide for the 
dissolution of certain sanitary districts, with a favorable report. 

H. B. 1351, a bill to incorporate the Town of East Arcadia, with a favor- 
able report. 

H. B. 1529, a bill to amend General Statute 115-189 increasing the amount 
a county or city board of education may provide in lieu of school bus trans- 
portation, with a favorable report. 

H. B. 1530, a bill to amend Chapter 387 of the 1973 Session Laws, which 
amended General Statute 139-39, to authorize the board of county com- 
missioners to establish watershed improvement districts in areas of the 
Counties of Camden, Pasquotank and Perquimans, with a favorable report. 

H. B. 1622, a bill to amend Chapter 653, Session Laws of 1965, to enlarge 
the jurisdiction of ABC officers employed by the Lexington ABC Board, 
with a favorable report. 

H. B. 1623, a bill to provide for compensation of the members of the 
Hyde County Board of Education, with a favorable report. 



188 SENATE JOURNAL [Session 

H. B. 1624, a bill to amend Chapter 195 of the 1967 Session Laws to 
increase the percentage of the net profits from ABC revenue to go toward 
law enforcement in Concord, with a favorable report. 

H. B. 1632, a bill directing that members of Vance County Board of 
Alcoholic Control shall be selected by certain designated officials, with a 
favorable report. 

H. B. 1655, a bill to amend Chapter 918 of the 1951 Session Laws re- 
lating to Employees' Retirement System of the City of Wilmington, with 
a favorable report. 

H. B. 1656, a bill to amend Chapter 684 of the 1949 Session Laws, as 
amended, relating to the Firemen's Pension Fund of the City of Wilmington, 
with a favorable report. 

H. B. 1657, a bill to amend Chapter 253, Session Laws of 1967, relating 
to the charter of the City of Wilmington in New Hanover County, with a 
favorable report. 

H. B. 1664, a bill to amend Chapter 713 of the Session Laws of 1965, as 
amended, being the charter of the City of Charlotte relative to employ- 
ment, with a favorable report. 

H. B. 1716, a bill to amend Chapter VI, Article 1, Subchapter B, of the 
charter of the City of Reidsville as set forth in Chapter 831, Session Laws 
of 1961, with a favorable report. 

H. B. 1717, a bill to amend Chapter 522 of the 1971 Session Laws relating 
to the Wilson County Board of Education, with a favorable report. 

H. B. 1727, a bill to provide a supplemental retirement fund for firemen 
in the Town of Smithfield and to modify the application of General Statute 
118-5, General Statute 118-6, and General Statute 118-7 to the Town of 
Smithfield, with a favorable report. 

H. B. 1734, a bill to amend Chapter 159 of the General Statutes which 
requires the Albemarle Hospital, a county hospital, to file copies of its 
annual budget with the board of county commissioners or the budget officer 
for the purpose of publication, with a favorable report. 

H. B. 1741, a bill to alter the membership of the Rocky Mount Planning 
Board and Board of Adjustment, with a favorable report. 

H. B. 1746, a bill to amend Chapter 220 of the 1973 Session Laws which 
established the limits of authority of the Guilford County Manager, with a 
favorable report. 

H. B. 1748, a bill to permit the County Commissioners of Granville 
County to appoint the Granville County Board of Alcoholic Control, with a 
favorable report. 

H. B. 1836, a bill to create the Henderson County Fire Commission and to 
define its duties and responsibilities, with a favorable report. 



1974] SENATE JOURNAL 189 

By Senator Rauch, for the Committee on State Government: 

S. B. 1199, a bill to amend General Statute 135-6 to increase the member- 
ship of the Retirement System's Board of Trustees, with a favorable report, 
as amended. 

S. B. 1276, a bill to amend General Statute 135-5, General Statute 135-3 
and General Statute 128-27 relating to certain retirement benefits, with a 
favorable report. 

H. B. 1429, a bill to amend General Statute 143-166.2 relating to law en- 
forcement officers, firemen and rescue squad workers, with a favorable 
report. 

H. B. 1473, a bill to make a technical amendment in the law relating to 
the Law Enforcement Officers' Benefit and Retirement Fund, with a favor- 
able report. 

H. B. 1747, a bill to transfer certain land from the State of North Caro- 
lina to the Granville County Board of Education, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed 
of as follows: 

S. B. 1370, by Senator Hughes, a bill to validate the recording of certain 
maps in Avery County. Referred to Committee on Calendar. 

S. B. 1371, by Senator Coleman, a bill allowing certain newspapers to 
accept legal advertising. Referred to Committee on Calendar. 

S. B. 1372, by Senators McNeill Smith, Harrington, Horton, and Saunders, 
a bill to authorize the development of a bicycle and bikeway program in 
the State of North Carolina. Referred to Committee on Calendar. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and dis- 
posed of, as follows: 

H. B. 166, Committee Substitute for H. B. 166, a bill to rewrite Article 
11 of Chapter 90 of the General Statutes relating to veterinarians. Re- 

ferred to Committee on Finance. 

H. B. 1437, a bill to amend Chapter 715 of the 1973 Session Laws re- 
lating to the listing of all State job openings with the Employment Security 
Commission. Referred to Committee on State Government. 

H. B. 1453, Committee Substitute for H. B. 1453, a bill to amend the 
North Carolina Consumer Finance Act. Referred to Committee on 

Banking. 



190 SENATE JOURNAL [Session 

H. B. 1463, a bill to amend Chapter 14 of the General Statutes of North 
Carolina to prohibit appearing in public under the influence of "controlled 
substances." Referred to Committee on Judiciary No. 1. 

H. B. 1493, a bill to amend General Statute 105-275 to exclude from the 
tax base specially adapted housing owned and used as a residence by a 
disabled veteran. Referred to Committee on Finance. 

H. B. 1533, a bill relating to the procedure to be followed in the giving of 
all examinations for occupational licensing boards. Referred to Com- 

mittee on Finance. 

H. B. 1587, a bill to revise and consolidate the charter of the Town of 
Hookerton, North Carolina. Referred to Committee on Local Govern- 

ment and Regional Affairs. 

H. B. 1613, a bill to clarify and expand the provisions of Chapter 85B 
concerning the licensing and regulation of auctioneers and apprentice 
auctioneers. Referred to Committee on Finance. 

H. B. 1645, a bill to amend Chapter 88 of the General Statutes regulating 
meetings and examinations conducted by the Board of Cosmetic Art and 
regulating the compensation paid to members of this Board. Referred 

to Committee on Finance. 

H. B. 1685, Committee Substitute for H. B. 1685, a bill to amend Chapter 
89 of the General Statutes to provide for renewal of a land surveyor's 
license. Referred to Committee on Finance. 

H. B. 1714, a bill to amend General Statute 115-36 to permit local boards 
of education to include pupils attending kindergarten and third grade 
in rules and regulations county and city boards may adopt concerning the 
length of the school day for handicapped children, first and second 
grades. Referred to Committee on Education. 

H. B. 1773, a bill relating to regulation of emergency medical services. 
Referred to Committee on Public Health and Resources. 

H. B. 1781, a bill to authorize the Town of Boiling Spring Lakes to hold 
an election for the sale of beer for off-premise consumption. Referred 

to Committee on Alcoholic Beverage Control. 

H. B. 1788, a bill to amend General Statute 7A-311(a)(l) relating to civil 
process fees. Referred to Committee on Finance. 

H. B. 1794, a bill to amend General Statute 135-6 to increase the mem- 
bership of the Retirement System's Board of Trustees. Referred to 
Committee on State Government. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 



1974] SENATE JOURNAL 191 

S. B. 498, a bill to amend the fees for registration of land titles, as 
amended, upon third reading. The bill, as amended, passes its third 

reading and is ordered engrossed and sent to the House of Representatives. 

S. B. 499, a bill to amend uniform commercial code filing fees, as amended, 
upon third reading. Upon motion of Senator Folger, consideration of 

the bill, as amended, is postponed until Tuesday, March 5. 

S. B. 501, a bill to amend the Registers of Deeds Uniform Fee Sched- 
ule. Upon motion of Senator Folger, consideration of the bill is post- 
poned until Tuesday, March 5. 

S. B. 757, a bill to repeal General Statute 14-24 regarding obtaining carnal 
knowledge of a married woman by personating her husband. Passes 

its second and third readings and is ordered sent to the House of Repre- 
sentatives. 

S. B. 758, a bill to repeal General Statute 14-25 regarding attempted 
carnal knowledge of a married woman by personating her husband. 
The bill fails to pass its second reading. 

S. B. 768, a bill to amend General Statute 14-203 by restricting the 
meaning of the term "prostitution." The bill passes its second read- 

ing. Upon objection of Senator Gudger to its third reading, the bill 

remains on the Calendar. 

S. B. 773, a bill eliminating sex discrimination provisions. Upon 

motion of Senator Coleman, consideration of the bill is postponed until 
Wednesday, March 6. 

S. B. 774, a bill to repeal General Statute 14-323 regarding evidence that 
abandonment of wife and children by husband was willful. Upon mo- 

tion of Senator Coleman, consideration of the bill is postponed until 
Wednesday, March 6. 

S. B. 775, a bill to eliminate sex discrimination from the provisions re- 
garding abandonment. Upon motion of Senator Coleman, considera- 
tion of the bill is postponed until Wednesday, March 6. 

S. B. 776, a bill to amend General Statute 14-325 by eliminating sex 
discrimination from family support provisions. Upon motion of Sen- 

ator Coleman, consideration of the bill is postponed until Wednesday, 
March 6. 

S. B. 777, a bill to eliminate sex discrimination from the provisions con- 
cerning the offense of failure to support a child. Upon motion of 
Senator Coleman, consideration of the bill is postponed until Wednesday, 
March 6. 

S. B. 778, a bill to provide that abandonment of children by either parent 
shall be a misdemeanor. Upon motion of Senator Coleman, considera- 

tion of the bill is postponed until Wednesday, March 6. 



192 SENATE JOURNAL [Session 

S. B. 779, a bill to eliminate sex discrimination from the provision de- 
fining the word "tramp." Upon motion of Senator Coleman, considera- 
tion of the bill is postponed until Wednesday, March 6. 

S. B. 786, a bill to eliminate the prohibition against certain interracial 
marriages. Upon motion of Senator Coleman, consideration of the 

bill is postponed until Wednesday, March 6. 

S. B. 787, a bill to eliminate any reference to race and color on marriage 
license. Upon motion of Senator Coleman, consideration of the bill is 

postponed until Wednesday, March 6. 

S. B. 995, a bill to exempt bicycles with helper motors from the registra- 
tion requirements of Chapter 20, as amended, upon third reading. Sena- 
tor Poovey moves that consideration of the bill, as amended, be postponed 
until Tuesday, March 5, which motion fails to prevail. Senator Allen 
moves that consideration of the bill, as amended, be postponed until Wednes- 
day, March 6, which motion fails to prevail. Senator Allen moves that 
the bill, as amended, be re-referred to the Committee on Highway Safe- 
ty. Senator Staton calls the previous question. The call is sus- 
tained. The motion to re-refer the bill to the Committee on Highway 
Safety fails to prevail. The bill, as amended passes its third reading 
and is ordered engrossed and sent to the House of Representatives. 
Senator Raynor requests to be recorded as voting "no" on the third reading. 

S. B. 1088, Committee Substitute for S. B. 1088, a bill to add General 
Statute 1-42.3 relating to the extinguishment of certain additional mineral 
rights, Passes its second and third readings and is ordered sent to 

the House of Representatives. 

S. B. 1091, Committee Substitute for S. B. 1091, a bill to amend General 
Statutes Chapter 122, Article 3, Part 2 (Patient's Rights), and to provide 
specific patient's rights for minors. Upon motion of Senator Allsbrook, 

consideration of the Committee Substitute bill is postponed until Wednesday, 
March 6. 

S. B. 1220, a bill to amend Chapter 546, Session Laws of 1963, to determine 
the distribution of certain income from the beverage control stores of the 
Town of Granite Falls. Passes its second and third readings and is 

ordered sent to the House of Representatives. 

H. B. 1475, a bill to amend Chapter 362 of the 1953 Session Laws, which 
amended General Statute 152-5, in regard to coroner's fees in Halifax 
County, upon third reading. The bill passes its third reading by 

roll-call vote, ayes 42, noes 0, as follows: Those voting in the affirma- 

tive are: Senators Allen, Allsbrook, Bagnal, Bahakel, Bob L. Barker, Robert 
J. Barker, Blanchard, Butner, Coleman, Crawford, Deane, Folger, Garrison, 
Godwin, Gudger, Hardison, Harrington, Henley, Horton, Hughes, Kincaid, 
Kirby, Mauney, Mills, Moore, Mullins, Murrow, Poovey, Rauch, Raynor, 
Royall, Saunders, Sharpe, Lynwood Smith, McNeill Smith, Stallings, Staton, 
Strickland, Taylor, Webster, White, Williamson — 42. The bill is 

ordered enrolled. 



1974] SENATE JOURNAL 193 

H. B. 1653, a bill to provide for annexation by the City of Gastonia of 
municipally-owned real property not contiguous to its corporate limits, 
upon third reading. The bill passes its third reading by roll-call vote, 

ayes 41, noes 0, as follows: Those voting in the affirmative are: 

Senators Allen, Allsbrook, Bagnal, Bahakel, Bob L. Barker, Robert J. Barker, 
Blanchard, Butner, Coleman, Crawford, Deane, Folger, Garrison, Godwin, 
Gudger, Hardison, Harrington, Henley, Horton, Hughes, Kincaid, Kirby, 
Mauney, Moore, Mullins, Murrow, Poovey, Rauch, Raynor, Royall, Saunders, 
Sharpe, Lynwood Smith, McNeill Smith, Stallings, Staton, Strickland, 
Taylor, Webster, White, Williamson — 41. The bill is ordered en- 

rolled. 

Upon motion of Senator Allen, the Senate adjourns to meet tomorrow 
at 2:30 P.M. 



ONE HUNDRED THIRTY-SECOND DAY 

Senate Chamber, 
Tuesday, March 5, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by the Reverend John Fulton, Pastor of the Raleigh 
Moravian Church. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found to 
be correct, and upon his motion the reading of the Journal is dispensed with 
and it stands approved as written. 

The President grants leave of absence to Senator Bagnal for today. 

enrolled bills 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. B. 979, an act to amend General Statute 9-22 relating to the term of 
service of grand jurors. 

H. B. 1188, an act to amend Rule 34 of the Rules of Civil Procedure to 
eliminate the clerk of court except in proceedings pending before him, as 
an officer who can compel the production of documents, under Rule 34. 

H. B. 1475, an act to amend Chapter 362 of the 1953 Session Laws, which 
amended General Statute 152-5, in regard to coroner's fees in Halifax 
County. 

H. B. 1556, an act to amend General Statute 113-109.8 to include Currituck 
County in the list of counties excluded from the coverage of Article 7A, 



194 SENATE JOURNAL [Session 

Chapter 113 relating to safe distances for hunting migratory wild water- 
fowl. 

H. B. 1653, an act to provide for annexation by the City of Gastonia of 
municipally-owned real property not contiguous to its corporate limits. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Britt, for the Committee on Judiciary No. 2: 

S. B. 911, a bill to provide for illegitimate children to inherit pursuant to 
the Intestate Succession Act, with an unfavorable report as to bill, favorable 
as to Committee Substitute bill, as amended. Upon motion of Senator 

Britt, the rules are suspended, and the Committee Substitute bill, as 
amended, is placed on today's Calendar. 

S. B. 1225, a bill to rewrite General Statute 44A-24 pertaining to false 
written statements in connection with improvement of real property, with 
a favorable report. 

H. B. 1305, a bill to permit price competition in the marketing of con- 
sumer goods, with an unfavorable report. 

By Senator Moore, for the Committee on Election Laws: 

S. B. 978, a bill to regulate campaign contributions and expenditures, 
with an unfavorable report as to bill, favorable as to Committee Substitute 
bill. Upon motion of Senator Moore, the rules are suspended, and the 

Committee Substitute bill is placed on today's Calendar. 

By Senator Kirby, for the Committee on Finance: 

H. B. 973, Committee Substitute for H. B. 973, a bill to amend Section 
105-275 of the General Statutes to exempt from taxation real property 
which is owned by a charitable organization exclusively for a public park, 
with a favorable report. 

H. B. 1150, a bill to amend Article 12, Chapter 105, Section 278, to 
provide for the exemption of real property of volunteer rescue squads and 
fire departments from taxation, with an unfavorable report as to bill, 
favorable as to Senate Committee Substitute bill. Upon motion of 

Senator Kirby, the rules are suspended, and the Senate Committee Sub- 
stitute bill is placed on today's Calendar. 

H. B. 1368, a bill to repeal certain superseded death benefit acts, with a 
favorable report. 

H. B. 1410, a bill to authorize counties to levy taxes on property for 
armory construction, with a favorable report. 



1974] SENATE JOURNAL 195 

H. B. 1435, Committee Substitute for H. B. 1435, a bill to exempt farm 
chemical applicators or bulk fertilizer spreaders from the registration 
requirements of Chapter 20, with a favorable report. 

H. B. 1439, a bill to amend General Statute 66-58 to make the Department 
of Administration responsible for seeing- that North Carolina flags are 
available for purchase by every citizen of North Carolina, with a favorable 
report. 

By Senator Staton, for the Committee on Natural and Economic Re- 
sources: 

S. B. 972, a bill relating to management of the coastal area of North 
Carolina, with an unfavorable report as to bill, favorable as to Committee 
Substitute bill. Upon motion of Senator Staton, the rules are sus- 

pended, and the Committee Substitute bill is placed on today's Calendar. 

By Senator Gudger, for the Committee on Social Rehabilitation and 
Control and Law Enforcement: 

S. B. 1115, a bill to rewrite General Statute 148-26 declaring State policy 
on employment of persons serving sentences in the State prison system, 
with a favorable report, as amended. 

S. B. 1251, a bill to amend Article 7 of Chapter 148 to prohibit the release 
of confidential information in inmate records, with a favorable report, as 
amended. 

By Senator Rauch, for the Committee on State Government: 

S. B. 1147, a bill to create a State energy council to develop State policy 
with respect to effective energy management, with a favorable report. 

By Senator Garrison, for the Committee on State Policies: 

S. B. 857, a bill to create a State land policy council to develop State 
policy with respect to land use and land management, with an unfavorable 
report as to bill, favorable as to Committee Substitute bill. Upon 

motion of Senator Garrison, the rules are suspended and the Committee 
Substitute bill is placed on today's Calendar. 

By Senator Mauney, for the Committee on Veterans' and Military Affairs: 

S. B. 1250, a bill to amend General Statute 127-30.1 relating to National 
Guard pensions, with a favorable report. Upon motion of Senator 

Mauney, the bill is re-referred to the Committee on Appropriations. 

S. B. 1261, a bill to amend General Statute 127-40 relative to the appoint- 
ment and organization of special courts-martial in the North Carolina 
National Guard, with a favorable report. 

S. B. 1262, a bill to amend General Statute 127-37.1 relative to the North 
Carolina Distinguished Medal, with a favorable report. 

S. J. R. 1350, a joint resolution calling upon the United States Government 
to obtain from the Government of North Vietnam an accurate accounting of 
all American servicemen missing in action, with a favorable report. 



196 SENATE JOURNAL [Session 

Upon motion of Senator Mauney, the rules are suspended, and the joint 
resolution is placed on today's Calendar. 

H. B. 1513, a bill creating the "North Carolina National Guard Meritori- 
ous Service Medal" and the "North Carolina National Guard State Duty 
Award" to honor those members of the North Carolina National Guard who 
have distinguished themselves and the State, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

S. B. 1373, by Senator Williamson, a bill to amend House Joint Resolution 
1336 of the 1973 Session Laws of North Carolina regarding the appropria- 
tion of funds for the Commission created for the study of the laws pertain- 
ing to intoxicating liquor. Referred to Committee on Calendar. 

S. B. 1374, by Senators Royall, Allen, Hardison, Scott, Garrison, Coleman, 
Rountree, Godwin and Folger, a bill to authorize local governments to 
waive bid requirements on purchases of petroleum products. Referred 

to Committee on Calendar. 

S. B. 1375, by Senators Taylor and Wilkie, a bill to provide that the 
Tribal Council of the Eastern Band of Cherokee Indians of Jackson and 
Swain Counties shall be eligible for membership in regional planning com- 
missions, economic development commissions and regional councils of gov- 
ernments. Referred to Committee on Calendar. 

S. B. 1376, by Senators Allen and Godwin, a bill to amend General Statute 
54-19 relating to loan committees of savings and loan associations. Re- 

ferred to Committee on Calendar. 

S. B. 1377, by Senators Kirby, Alford, Lynwood Smith and Allen, a bill 
regarding the publication of financial information by insurers. Re- 

ferred to Committee on Calendar. 

S. J. R. 1378, by Senators Harrington and Godwin, a joint resolution 
recommending the inclusion of Jockey's Ridge in the State Parks Sys- 
tem. Referred to Committee on Calenar. 

S. B. 1379, by Senator Moore, a bill to appropriate funds to defray 
the expenses of administering the Campaign Contributions and Spending 
Reporting Act. Referred to Committee on Calendar. 

S. B. 1380, by Senator Moore, a bill to amend the Soft Drink Tax Act 
to provide optional method for paying the tax on soft drink syrups and 
powders. Referred to Committee on Calendar. 

S. B. 1381, by Senators Crawford, Bahakel, and Williamson, a bill to 
insure the speedy trial of persons charged with criminal offenses. Re- 

ferred to Committee on Calendar. 



1974] SENATE JOURNAL 197 

S. B. 1382, by Senators Gudger and Garrison, a bill to create a permanent 
legislative commission on children with special needs. Referred to 

Committee on Calendar. 

S. J. R. 1383, by Senators Bahakel, Crawford and Williamson, a joint 
resolution commending the North Carolina Justice Foundation and recom- 
mending the expansion of its school programs. Referred to Committee 
on Calendar. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of as follows: 

S. B. 675, a bill to amend Chapter 50 of the General Statutes by adding 
a section relating to judgment in divorce actions, for concurrence in the 
House amendments. Upon motion of Senator Gudger, the Senate 

concurs in the House amendments and the bill is ordered enrolled. 

S. B. 994, a bill to amend General Statute 143-215 relating to effluent 
standards, for concurrence in the House amendment. Upon motion of 

Senator Hardison, the Senate concurs in the House amendment and the bill 
is ordered enrolled. 

H. B. 1402, a bill to correct a technical oversight in General Statute 20- 
8(1) by striking "Army, Navy or Marine Corps" and inserting "Armed 
Forces." Referred to Committee on Highway Safety. 

H. B. 1631, a bill to amend General Statute 87-10 to raise the monetary 
limits for an intermediate general contractor license. Referred to 

Committee on Finance. 

H. B. 1641, a bill to amend Chapter 130 of the General Statutes to 
establish a statewide resource recovery plan. Referred to Committee 

on Natural and Economic Resources. 

H. B. 1649, a bill to change the name of the Commission for Medical 
Facility Services and Licensure to the North Carolina Medical Care Com- 
mission. Referred to Committee on Public Health and Resources. 

H. B. 1668, a bill to permit the hunting of bobcat without dogs at any 
time in Carteret County. Referred to Committee on Wildlife. 

H. J. R. 1722, a joint resolution commemorating the centennial celebra- 
tion of the Town of Maxton. Referred to Committee on Rules and 
Operation of the Senate. 

H. B. 1792, a bill to provide that 18 year olds be eligible for occupational 
licenses. Referred to Committee on Finance. 

H. J. R. 1805, a joint resolution honoring the life and memory of Howard 
H„ Hubbard, former judge of the Superior Court. Referred to Com- 

mittee on Rules and Operation of the Senate. 



198 SENATE JOURNAL [Session 

H. B. 1881, a bill to amend General Statute 130-13 relating to the mem- 
bership of county boards of health. Referred to Committee on Public 
Health and Resources. 

H. J. R. 1922, a joint resolution honoring Leonard Thompson for his 
achievements in golf and his humanitarian and philanthropic acts. Re- 

ferred to Committee on Rules and Operation of the Senate. 

H. J. R. 1996, a joint resolution honoring the life and memory of Ernest 
L. Hicks, former member of the House of Representatives from Mecklen- 
burg. Referred to Committee on Rules and Operation of the Senate. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

S. B. 499, a bill to amend Uniform Commercial Code filing fees, as 
amended, upon third reading. The bill, as amended, passes its third 

reading and is ordered engrossed and sent to the House of Representatives. 

S. B. 501, a bill to amend the registers of deeds uniform fee schedule, as 
amended. The bill, as amended, passes its second and third readings 

and is ordered engrossed and sent to the House of Representatives. 

S. B. 768, a bill to amend General Statute 14-203 by restricting the mean- 
ing of the term "prostitution" upon third reading. The bill fails to 
pass third reading. 

S. B. 857, Committee Substitute for S. B. 857, a bill to create a State land 
policy council to develop State policy with respect to land use and land 
management. Upon motion of Senator Garrison, the Committee Sub- 

stitute is adopted. Upon motion of Senator Garrison, Consideration of 

the Committee Substitute bill is postponed until Thursday, March 7, and 
is made Special Order No. 1 of the day. 

S. B. 911, Committee Substitute for S. B. 911, a bill to provide for 
illegitimate children to inherit pursuant to the Intestate Succession 
Act. Upon motion of Senator Britt, the Committee Substitute bill, as 

amended, is adopted. Upon motion of Senator Britt, the Committee 

Substitute bill, as amended, is placed on the Calendar for Friday, March 8. 

S. B. 972, Committee Substitute for S. B. 972, a bill relating to manage- 
ment of the coastal area of North Carolina. Upon motion of Senator 
Staton, the Committee Substitute bill is adopted. Upon motion of 
Senator Staton, the Committee Substitute bill is placed on the Calendar for 
Tuesday, March 12, and is made Special Order No. 1 of the day. 

S. B. 978, Committee Substitute for S. B. 978, a bill to regulate contribu- 
tions and expenditures in political campaigns. Upon motion of Senator 
Moore, the Committee Substitute bill is adopted. Upon motion of Sena- 
tor Moore, the Committee Substitute bill is placed on the Calendar for 
Wednesday, March 6, and is made Special Order No. 1 of the day. 



1974] SENATE JOURNAL 199 

S. B. 1027, a bill to authorize counties to appoint a warden to enforce the 
litter laws of North Carolina. Upon motion of Senator Britt, the Com- 

mittee amendment is adopted. The bill, as amended, passes its second 

and third readings and is ordered engrossed and sent to the House of 
Representatives. 

S. B. 1035, a bill establishing guidelines for establishing charges and 
setting rates of water and sewer utilities, upon second reading. Upon 

motion of Senator Staton, consideration of the bill is postponed indefinitely. 

S. B. 1126, a bill concerning the defense of State employees and former 
employees in relation to claims arising out of or in connection with their 
employment by the State. Senator Gudger offers an amendment which 

is adopted. The bill, as amended, passes its second and third readings 

and is ordered engrossed and sent to the House of Representatives. 

S. B. 1174, a bill to provide for the election of the Board of Commissioners 
of the Town of Cerro Gordo and to appoint an additional member. 
Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 1199, a bill to amend General Statute 135-6 to increase the member- 
ship of the Retirement System's Board of Trustees. Upon motion of 
Senator Henley, the Committee amendment is adopted. The bill, as 
amended, passes its second and third readings and is ordered engrossed and 
sent to the House of Representatives. 

S. B. 1201, a bill to amend General Statute 160A-64(a) to authorize 
travel and expense allowances for elected municipal officials. The bill 

passes its second reading. Upon objection of Senator Rhyne to its third 

reading, the bill remains on the Calendar. 

S. B. 1202, a bill to preserve four-year straight terms for elected officials 
in certain municipalities. Passes its second and third readings and is 

ordered sent to the House of Representatives. 

S. B. 1214, a bill to amend General Statute 7A-451(a) and add General 
Statute 148-62.1 to provide counsel for indigents in certain parole revocation 
proceedings, as amended. Upon motion of Senator Gudger, considera- 

tion of the bill, as amended, is postponed until Wednesday, March 6. 

S. B. 1226, a bill pertaining to the modification of land records in the 
office of the register of deeds. Passes its second and third readings and 

is ordered sent to the House of Representatives. 

S. B. 1242, a bill validating the appointment of election officials in the 
Town of Fairmont. Passes its second and third readings and is 

ordered sent to the House of Representatives. 

S. B. 1258, a bill to incorporate the Town of Shady Forest, upon second 
reading. The bill passes its second reading by roll-call vote, ayes 43, 

noes 0, as follows: Those voting in the affirmative are: Senators 

Alford, Allsbrook, Bahakel, Bob L. Barker, Robert J. Barker, Blanchard, 
Britt, Butner, Coleman, Crawford, Deane, Folger, Garrison, Gudger, Hardi- 



200 SENATE JOURNAL [Session 

son, Henley, Horton, Hughes, Kincaid, Kirby, Mauney, Mills, Moore, Mullins, 
Poovey, Rauch, Raynor, Rhyne, Rountree, Royall, Saunders, Scott, Sharpe, 
Lynwood Smith, McNeill Smith, Somers, Stallings, Staton, Strickland, 
Taylor, Webster, White, Williamson — 43. The bill remains on the 

Calendar. 

S. B. 1276, a bill to amend General Statute 135-5, General Statute 135-3 
and General Statute 128-27 relating to certain retirement benefits. 
Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. J. R. 1350, a joint resolution calling upon the United States Government 
to obtain from the Government of North Vietnam an accurate accounting 
of all American servicemen missing in action. Passes its second and 

third readings and is ordered sent to the House of Representatives, without 
objection, by special messenger. 

H. B. 1068, a bill to amend Article 12 of Chapter 130 to provide for the 
dissolution of certain sanitary districts. The bill passes its second 

reading. Upon objection of Senator Allsbrook to its third reading, the 

bill remains on the Calendar. 

H. B. 1150, Senate Committee Substitute for H. B. 1150, a bill to amend 
Article 12, Chapter 105, Section 278.6(a) (7) to provide for the exemption 
of real and personal property of volunteer fire departments from taxa- 
tion. Upon motion of Senator Kirby, the Senate Committee Substitute 
bill is adopted and remains on the Calendar. 

H. B. 1179, a bill to grant county commissioners authority to regulate the 
disposing and discarding of trash within counties. Upon motion of 

Senator Britt, the Committee amendment is adopted. The bill, as 

amended, passes its second and third readings and is ordered sent to the 
House of Represenatives for concurrence in the Senate amendment. 

H. B. 1182, a bill to regulate the placing of trash, refuse, and garbage 
within municipal limits. Upon motion of Senator Britt, the Committee 

amendment is adopted. The bill, as amended, passes its second and 

third readings and is ordered sent to the House of Representatives for 
concurrence in the Senate amendment. 

H. B. 1351, a bill to incorporate the Town of East Arcadia, upon second 
reading. The bill passes its second reading by roll-call vote, ayes 43, 

noes 0, as follows: Those voting in the affirmative are: Senators 

Alford, Allsbrook, Bahakel, Bob L. Barker, Robert J. Barker, Blanchard, 
Britt, Butner, Coleman, Crawford, Deane, Folger, Garrison, Gudger, Hardi- 
son-, Henley, Horton, Hughes, Kincaid, Kirby, Mauney, Mills, Moore, Mullins, 
Poovey, Rauch, Raynor, Rhyne, Rountree, Royall, Saunders, Scott, Sharpe, 
Lynwood Smith, McNeill Smith, Somers, Stallings, Staton, Strickland, 
Taylor, Webster, White, Williamson — 43. The bill remains on the 

Calendar. 

H. B. 1429, a bill to amend General Statute 143-166.2 relating to law 
enforcement officers, firemen and rescue squad workers. Passes its 

second and third readings and is ordered enrolled. Upon motion of 



1974] SENATE JOURNAL 201 

Senator Strickland, the order to send the bill to the Enrolling Office is 
rescinded. Upon motion of Senator Strickland, the vote by which the 

bill passed its third reading is reconsidered. Senator Gudger offers 

an amendment which is adopted. The bill, as amended, passes its 

third reading and is ordered returned to the House of Representatives for 
concurrence in the Senate amendment. 

H. B. 1473, a bill to make a technical amendment in the law relating to 
the Law Enforcement Officers' Benefit and Retirement Fund. Passes 

its second and third readings and is ordered enrolled. 

H. B. 1491, Committee Substitute for H. B. 1491, a bill establishing 
guidelines for establishing charges and setting rates of water and sewer 
utilities, as amended, upon third reading. The Committee Substitute 

bill, as amended, passes its third reading by roll-call vote, ayes 36, noes 0, 
as follows: Those voting in the affirmative are: Senators Alford, 

Allen, Allsbrook, Robert J. Barker, Blanchard, Britt, Butner, Coleman, 
Crawford, Deane, Folger, Garrison, Godwin, Gudger, Hardison, Harrington, 
Henley, Hughes, Kincaid, Kirby, Mauney, Mills, Moore, Mullins, Poovey, 
Rauch, Raynor, Sharpe, McNeill Smith, Stallings, Staton, Strickland, 
Webster, White, Wilkie, Williamson — 36. The Committee Substitute 

bill, as amended, is ordered sent to the House of Representatives for 
concurrence in the Senate amendment. 

H. B. 1529, a bill to amend General Statute 115-189 increasing the amount 
a county or city board of education may provide in lieu of school bus trans- 
portation. Passes its second and third readings and is ordered enrolled. 

H. B. 1530, a bill to amend Chapter 387 of the 1973 Session Laws, which 
amended General Statute 139-39, to authorize the board of county commis- 
sioners to establish watershed improvement districts in areas of the Counties 
of Camden, Pasquotank and Perquimans, upon second reading. The bill 

jDasses its second reading by roll-call vote, ayes 35, noes 0, as follows : 
Those voting in the affirmative are: Senators Alford, Allen, Allsbrook, 
Robert J. Barker, Blanchard, Britt, Butner, Coleman, Crawford, Deane, 
Folger, Garrison, Godwin, Gudger, Hardison, Harrington, Henley, Hughes, 
Kincaid, Kirby, Mauney, Mills, Moore, Mullins, Poovey, Rauch, Raynor, 
Royall, McNeill Smith, Stallings, Staton, Strickland, Webster, White, Wil- 
liamson — 35. The bill remains on the Calendar. 

H. B. 1621, a bill to amend General Statute 28-8 to allow persons eighteen 
years old and older to be issued letters of administration or letters testa- 
mentary. Passes its second and third readings and is ordered enrolled. 

H. B. 1622, a bill to amend Chapter 653, Session Laws of 1965, to 
enlarge the jurisdiction of ABC officers employed by the Lexington ABC 
Board. Passes its second and third readings and is ordered enrolled. 

H. B. 1623, a bill to provide for compensation of the members of the Hyde 
County Board of Education. Passes its second and third readings and 

is ordered enrolled. 

H. B. 1624, a bill to amend Chapter 195 of the 1967 Session Laws to 
increase the percentage of net profits from ABC revenue to go toward law 



202 SENATE JOURNAL [Session 

enforcement in Concord. Passes its second and third readings and is 

ordered enrolled. 

H. B. 1632, a bill directing that members of Vance County Board of 
Alcoholic Control shall be selected by certain designated officials. Passes 

its second and third readings and is ordered enrolled. 

H. B. 1655, a bill to amend Chapter 918 of the 1951 Session Laws relating 
to Employees' Retirement System of the City of Wilmington. Passes 

its second and third readings and is ordered enrolled. 

H. B. 1656, a bill to amend Chapter 684 of the 1949 Session Laws as 
amended relating to the Firemen's Pension Fund of the City of Wilming- 
ton. Passes its second and third readings and is ordered enrolled. 

H. B. 1657, a bill to amend Chapter 253, Session Laws of 1967, relating to 
the charter of the City of Wilmington in New Hanover County. 
Passes its second and third readings and is ordered enrolled. 

H. B. 1664, a bill to amend Chapter 713 of the Session Laws of 1965, 
as amended, being the charter of the City of Charlotte relative to employ- 
ment. Upon motion of Senator Mullins, consideration of the bill is 
postponed until Friday, March 8. 

H. B. 1716, a bill to amend Chapter VI, Article 1, Subchapter B, of the 
charter of the City of Reidsville as set forth in Chapter 831, Session Laws 
of 1961, upon second reading. The bill passes its second reading by 

roll-call vote, ayes 43, noes 0, as follows: Those voting in the affirma- 

tive are: Senators Alford, Allsbrook, Bahakel, Bob L. Barker, Robert J. 
Barker, Blanchard, Britt, Butner, Coleman, Crawford, Deane, Folger, 
Garrison, Gudger, Hardison, Henley, Horton, Hughes, Kincaid, Kirby, 
Mauney, Mills, Moore, Mullins, Poovey, Rauch, Raynor, Rhyne, Rountree, 
Royall, Saunders, Scott, Sharpe, Lynwood Smith, McNeill Smith, Somers, 
Stallings, Staton, Strickland, Taylor, Webster, White, Williamson — 43. 
The bill remains on the Calendar. 

H. B. 1717, a bill to amend Chapter 522 of the 1971 Session Laws relating 
to the Wilson County Board of Education. Senator Kirby offers an 

amendment which is adopted. The bill, as amended, passes its second 

and third readings and is ordered sent to the House of Representatives for 
concurrence in the Senate amendment. 

H. B. 1727, a bill to provide a supplemental retirement fund for firemen 
in the Town of Smithfield and to modify the application of General Statute 
118-5, General Statute 118-6 and General Statute 118-7 to the Town of 
Smithfield. Passes its second and third readings and is ordered 

enrolled. 

H. B. 1734, a bill to amend Chapter 159 of the General Statutes which 
requires the Albemarle Hospital, a county hospital, to file copies of its 
annual budget with the board of county commissioners or the budget officer 
for the purpose of publication. Passes its second and third readings 

and is ordered enrolled. 



1974] SENATE JOURNAL 203 

H. B. 1741, a bill to alter the membership of the Rocky Mount Planning 
Board and Board of Adjustment. Passes its second and third readings 

and is ordered enrolled. 

H. B. 1746, a bill to amend Chapter 220 of the 1973 Session Laws which 
established the limits of authority of the Guilford County Manager. 
Passes its second and third readings and is ordered enrolled. 

H. B. 1747, a bill to transfer certain land from the State of North Caro- 
lina to the Granville County Board of Education. Passes its second and 
third readings and is ordered enrolled. 

H. B. 1748, a bill to permit the County Commissioners of Granville 
County to appoint the Granville County Board of Alcoholic Control. 
Passes its second and third readings and is ordered enrolled. 

H. B. 1836, a bill to create the Henderson County Fire Commission and 
to define its duties and responsibilities. Passes its second and third 

readings and is ordered enrolled. 

Upon motion of Senator Royall, the Senate adjourns to meet tomorrow at 
2:30 P.M. 



ONE HUNDRED THIRTY-THIRD DAY 

Senate Chamber, 
Wednesday, March 6, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found to 
be correct, and upon his motion the reading of the Journal is dispensed with 
and it stands approved as written. 

enrolled bills 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. B. 675, an act to amend Chapter 50 of the General Statutes by adding 
a section relating to judgment in divorce actions. 

S. B. 934, an act authorizing Guilford County to adopt a more convenient 
site than the courthouse door or steps for the posting of any notice required 
by law at such site. 

S. B. 994, an act to amend General Statute 143-215 relating to effluent 
standards. 



204 SENATE JOURNAL [Session 

S. J. R. 1056, a joint resolution authorizing a legislative commission to 
study the dairy industry of this State. 

S. B. 1111, an act to fix the salaries of the Chairman and members of the 
Bertie County Board of Education. 

S. J. R. 1350, a joint resolution calling upon the United States government 
to obtain from the government of North Vietnam an accurate accounting of 
all American servicemen missing in action. 

H. B. 1473, an act to make a technical amendment in the law relating to 
the Law Enforcement Officers' Benefit and Retirement Fund. 

H. B. 1529, an act to amend General Statute 115-189 increasing the 
amount a county or city board of education may provide in lieu of school 
bus transportation. 

H. B. 1621, an act to amend General Statute 28-8 to allow persons eight- 
een years and older to be issued letters of administration or letters testa- 
mentary. 

H. B. 1622, an act to amend Chapter 653, Session Laws of 1965, to 
enlarge the jurisdiction of ABC officers employed by the Lexington ABC 
Board. 

H. B. 1623, an act to provide for compensation of the members of the 
Hyde County Board of Education. 

H. B. 1624, an act to amend Chapter 195 of the 1967 Session Laws to 
increase the percentage of the net profits from ABC revenue to go toward 
law enforcement in Concord. 

H. B. 1632, an act directing that members of Vance County Board of 
Alcoholic Control shall be selected by certain designated officials. 

H. B. 1655, an act to amend Chapter 918 of the 1951 Session Laws relat- 
ing to Employees' Retirement System of the City of Wilmington. 

H. B. 1656, an act to amend Chapter 684 of the 1949 Session Laws as 
amended relating to the Firemen's Pension Fund of the City of Wilmington. 

H. B. 1657, an act to amend Chapter 253, Session Laws of 1967 relating 
to the charter of the City of Wilmington in New Hanover County. 

H. B. 1727, an act to provide a supplemental retirement fund for firemen 
in the Town of Smithfield and to modify the application of General Statute 
118-5, General Statute 118-6, and General Statute 118-7 to the Town of 

Smithfield. 

H. B. 1734, an act to amend Chapter 159 of the General Statutes which 
requires the Albemarle Hospital, a county hospital, to file copies of its 
annual budget with the board of county commissioners or the budget officer 
for the purpose of publication. 

H. B. 1741, an act to alter the membership of the Rocky Mount Planning 
Board and Board of Adjustment. 



1974] SENATE JOURNAL 205 

H. B. 1746, an act to amend Chapter 220 of the 1973 Session Laws which 
established the limits of authority of the Guilford County Manager. 

H. B. 1747, an act to transfer certain land from the State of North Caro- 
lina to the Granville County Board of Education. 

H. B. 1748, an act to permit the County Commissioners of Granville 
County to appoint the Granville County Board of Alcoholic Control. 

H. B. 1836, an act to create the Henderson County Fire Commission and 
to define its duties and responsibilities. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator White, for the Committee on Agriculture: 

S. B. 1369, a bill to amend the North Carolina Biological Organism Act 
(General Statute 106-65.42 et seq.), with a favorable report. 

H. B. 1665, a bill prohibiting the sale or offer of sale of immature apples, 
with a favorable report. 

By Senator Godwin, for the Committee on Banking: 

S. B. 1158, a bill amending General Statute 143A-181 relating to credit 
union commission appointments, with a favorable report. 

S. B. 1160, a bill amending Article 9 of Chapter 54 of the General Statutes 
relating to credit unions, with a favorable report. 

H. B. 1612, a bill to amend Article 7A of Chapter 54 of the General 
Statutes of North Carolina concerning the regulation of mutual deposit 
guaranty associations, with a favorable report. 

By Senator McNeill Smith, for the Committee on Highway Safety: 

S. B, 1078, a bill to amend General Statute 20-316 concerning depart- 
mental hearings upon lapse of liability insurance coverage, with a favorable 
report, as amended. 

S. B. 1287, a bill to require temporary confiscation of operator's license 
when holder arrested for driving under the influence of intoxicants, with a 
favorable report, as amended. 

S. B. 1342, a bill to amend General Statute 20-57 relating to motor vehicle 
registration cards, with a favorable report. 

By Senator Henley, for the Committee on Insurance: 

S, B. 659, a bill to amend Chapter 58 of the General Statutes to remove 
age discrimination in the fixing of rate classifications for automobile insur- 
ance, with a favorable report, as amended. 



206 SENATE JOURNAL [Session 

S. B. 932, a bill to abolish coordination of benefits provisions and non- 
duplication provisions in accident and health insurance policies, with an 
unfavorable report. 

By Senator Allsbrook, for the Committee on Judiciary No. 1 : 

S. B. 1114, a bill to amend General Statute 14-33 to provide for greater 
punishment for an inmate who commits an assault or an assault and battery 
on a correctional officer, with a favorable report, as amended. 

H. B. 1138, a bill to provide that copies of medical records shall be 
received in evidence as regular business records, with an unfavorable report 
as to bill, favorable as to Senate Committee Substitute bill. Upon 

motion of Senator Allsbrook, the Senate Committee Substitute bill is placed 
on today's Calendar. 

By Senator Britt, for the Committee on Judiciary No. 2: 

S. B. 589, a bill to repeal Chapter 78 of the General Statutes and to 
create a new Chapter 78 concerning securities law, with an unfavorable 
report as to bill, favorable as to Committee Substitute bill. Upon 

motion of Senator Britt, the Committee Substitute bill is placed on today's 
Calendar. 

S. B. 1057, a bill to provide suspension of driver's license for non- 
compliance with citation for traffic offense, without prejudice. Upon 
motion of Senator Britt, the rules are suspended, and the bill is placed on 
the Calendar for immediate consideration. Upon motion of Senator 
Britt, the bill is postponed indefinitely. 

S. B. 1101, a bill to provide immunity from monetary liability for acts of 
members of medical review committees when performed within the scope of 
the functions of such committees, with a favorable report. Upon motion 

of Senator Britt, the bill is placed on the Calendar for Friday, March 8. 

S. B. 1301, a bill amending the Rules of Civil Procedure to require a 
party taking a deposition to furnish a copy to the opposing party, with a 
favorable report. Upon motion of Senator Britt, the bill is placed on 

the Calendar for Friday, March 8. 

S. B. 1334, a bill amending General Statute 45-12, relating to the sub- 
stitution of a trustee in a mortgage or deed of trust, with a favorable 
report, as amended. Upon motion of Senator Britt, the bill is placed 

on the Calendar for Friday, March 8. 

S. B. 1353, a bill to amend General Statute 58-224.2 relating to the trans- 
fer of benefits of a deceased member of a mutual burial association, with a 
favorable report. Upon motion of Senator Britt, the bill is placed on 

the Calendar for Friday, March 8. 

H. B. 338, a bill to authorize counties, cities and other units of local 
government to create purchase money security interests in real and personal 
property, with an unfavorable report as to bill, favorable as to Senate 
Committee Substitute bill. Upon motion of Senator Britt, the Senate 

Committee Substitute bill is placed on today's Calendar. 



1974] SENATE JOURNAL 207 

H. B. 1479, a bill to amend General Statute 66-84 to include Hoke County 
within the closing-out sales provisions, with a favorable report. Upon 

motion of Senator Britt, the bill is placed on the Calendar for Friday, 
March 8. 

By Senator Saunders, for the Committee on Manufacturing, Labor and 
Commerce: 

S. B. 1229, a bill to amend the Workmen's Compensation Act regarding 
the duration of benefits, with a favorable report, as amended. Upon 

motion of Senator Saunders, the bill is placed on the Calendar for Friday, 
March 8. 

S. B. 1233, a bill to amend the Workmen's Compensation Act regarding 
the numerical exemption, with a favorable report. Upon motion of 

Senator Saunders, the bill is placed on the Calendar for Friday, March 8. 

S. B. 1234, a bill to amend the Workmen's Compensation Act regarding 
the maximum amount of weekly benefits, with a favorable report, as 
amended. Upon motion of Senator Saunders, the bill is placed on the 

Calendar for Friday, March 8. 

S. B. 1235, a bill to provide that medical expenses in asbestosis and 
silicosis cases shall come under the Workmen's Compensation Act, with a 
favorable report. Upon motion of Senator Saunders, the bill is placed 

on the Calendar for Friday, March 8. 

S. B. 1365, a bill to amend Article 1 of Chapter 74 of the General Statutes 
relating to mineral commodity reports, with a favorable report. Upon 

motion of Senator Saunders, the bill is placed on the Calendar for Friday, 
March 8. 

By Senator Staton, for the Committee on Natural and Economic 
Resources: 

S. B. 1180, a bill to repeal General Statute 113-159 relating to contribu- 
tion of oyster shells, with a favorable report. Upon motion of Senator 
Staton, the bill is placed on the Calendar for Friday, March 8. 

S. B. 1181, a bill to amend Part 7, Article 21 of Chapter 43 of the General 
Statutes relating to water and air quality reporting, with a favorable 
report. Upon motion of Senator Staton, the bill is placed on the 

Calendar for Friday, March 8. 

S. B. 1184, a bill amending Article 4 of Chapter 113 of the General 
Statutes relating to the authority of forest rangers and arrest powers of 
forest law enforcement officers and for other purposes, with a favorable 
report. Upon motion of Senator Staton, the bill is placed on the 

Calendar for Friday, March 8. 

S. B. 1308, a bill to amend General Statutes 143-215.99 to extend the 
date for requirement of oil refinery permits, with a favorable report, as 
amended. Upon motion of Senator Staton, the bill is placed on the 

Calendar for Friday, March 8. 



208 SENATE JOURNAL [Session 

By Senator Harrington, for the Committee on Transportation: 

S. B. 1249, a bill to amend Article IB of Chapter 113 of the General 
Statutes, allowing increased flexibilty in State aid for aviation improve- 
ments, with a favorable report. 

S. B. 1326, a bill to authorize the Board of Transportation to erect appro- 
priate signs indicating the direction of Horneytown, with a favorable report. 

H. B. 1276, a bill to authorize the Department of Transportation and 
Highway Safety to aid in the mass transportation needs of the State, with 
a favorable report, as amended. Upon motion of Senator Harrington, 

the rules are suspended, and the bill is placed on today's Calendar. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolution are introduced, read the first time, and disposed of, 
as follows: 

S, B. 1384, by Senator Knox, a bill to amend General Statute 20-7 relating 
to learners' permits. Referred to Committee on Calendar. 

S. J. R. 1385, by Senator Kirby, a joint resolution authorizing and direct- 
ing the Legislative Research Commission to study North Carolina's potential 
for human tissue donations and to propose a plan for facilitating the 
donation and effective utilization of such donations. Referred to Com- 

mittee on Calendar. 

S. B. 1386, by Senator Royall, a bill to amend Article 2C of Chapter 122 
so as to establish four special pilot area mental health programs. Re- 

ferred to Committee on Calendar. 

S. B. 1387, by Senators Mills, Britt, Garrison, Staton, and Webster, a 
bill relating to the establishment of a local government center. Refer- 

red to Committee on Calendar. 

S. B. 1388, by Senator Mills, a bill to provide supplemental compensation 
for public school employees. Referred to Committee on Calendar. 

S. B. 1389, by Senator McNeill Smith, a bill to amend Chapter 20 of the 
General Statutes of North Carolina increasing the driver license revocation 
time for excessive speed to avoid apprehension and creating a new offense 
of unlawful flight to avoid apprehension. Referred to Committee on 

Calendar. 

S. B. 1390, by Senator Coleman, a bill to amend Chapter 90 of the General 
Statutes to require certain physicians and hospitals to report certain 
wounds, injuries, and illnesses. Referred to Committee on Calendar. 

S. B. 1391, by Senator Allen, a bill to repeal Chapter 39, Article 5, of the 
North Carolina General Statutes. Referred to Committee on Calendar, 

S. B. 1392, by Senators Henley and Hardison, a bill to amend General 
Statute 58-173.27 of the fair access to insurance requirements, being Article 



1974] SENATE JOURNAL 209 

18B, Chapter 58 of the General Statutes. Referred to Committee on 

Calendar. 

S. B. 1393, by Senators Staton and Coleman, a bill to end franchise taxes 
on public in-service company, specifically amended, General Statute 105- 
116. Referred to Committee on Calendar. 

S. B. 1394, by Senator Rountree, a bill to appropriate funds for use by 
the North Carolina Azalea Festival at Wilmington, Inc. Referred to 

Committee on Calendar. 

S. J. R. 1395, by Senator Bagnal, a joint resolution creating the com- 
mission on employment standards, practices and benefits. Referred to 
Committee on Calendar. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and disposed 
of, as follows: 

S. B. 809, a bill to require every pawnbroker in Cumberland County to 
maintain a permanent record of all purchases and sales made, for concur- 
rence in the House amendment. Upon motion of Senator Henley, the 
Senate concurs in the House amendment and the bill, as amended, is 
ordered enrolled. 

H. B, 1176, a bill to amend General Statute 90-90 (b) by adding the 
controlled substance methaqualone. Referred to Committee on Calendar. 

H. B. 1396, a bill to amend General Statute 14-258.1 to apply to mental 
institutions. Referred to Committee on Calendar. 

H. B. 1634, a bill to amend General Statute 20-166.1 to require drivers 
involved in accidents to furnish proof of financial responsibility on forms 
prescribed by the Department of Motor Vehicles. Referred to Com- 

mittee on Calendar. 

H. B. 1695, a bill relating to the game of bingo in the County of 
Onslow. Referred to Committee on Calendar. 

H. B. 1806, a bill to amend General Statute 160A-282 by authorizing the 
establishment of an auxiliary law enforcement agency by cities and coun- 
ties. Referred to Committee on Calendar. 

H. B. 1906, a bill to make Chapter 1206, Session Laws of 1965, Chapter 
815, Session Laws of 1967, and Chapter 1060, Session Laws of 1971, relat- 
ing to bidding and disposition of redevelopment property, applicable to the 
City of New Bern. Referred to Committee on Calendar. 

H. B. 1909, a bill to add Cabarrus County to the provisions of Article 
9B of Chapter 44 of the General Statutes relating to attachment or garnish- 
ment and lien for ambulance services in certain counties. Referred to 
Committee on Calendar. 



210 SENATE JOURNAL [Session 

H. B. 1910, a bill to permit certain retirement service credits for the 
Clerk of the Superior Court of Randolph County and employees of the 
Clerk's office. Referred to Committee on Calendar. 

H. B. 1937, a bill to amend Chapter 412 of the Session Laws of 1969 
relating to the Reidsville Firemen's Supplemental Retirement Fund. 
Referred to Committee on Calendar. 

H. B. 1950, a bill to allow the Town of Nags Head to designate certain 
town-owned property for health care purposes. Referred to Committee 

on Calendar. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

S. B. 589, Committee Substitute for S. B. 589, a bill to repeal Chapter 
78 of the General Statutes and to create a new Chapter 78 concerning 
securities law. Upon motion of Senator Britt, the Committee Substi- 

tute bill is adopted. Upon motion of Senator Britt, the Committee 

Substitute bill is placed on the Calendar for Tuesday, March 12. 

S. B. 773, a bill eliminating sex discrimination provisions. Senator 

Mullins offers an amendment which is adopted. Senator Strickland 

moves that the bill, as amended, be recommitted to the Committee on 
Judiciary No. 2. Senator Somers makes a substitute motion that the 

bill, as amended, be re-referred to the Committee on Judiciary No. 1, which 
motion prevails. 

S. B. 774, a bill to repeal General Statute 14-323 regarding evidence that 
the abandonment of wife and children by husband was willful. Senator 

Strickland moves that the bill be recommitted to the Committee on Judiciary 
No. 2. Senator Somers makes a substitute motion that the bill be re- 

referred to the Committee on Judiciary No. 1, which motion prevails. 

S. B. 775, a bill to eliminate sex discrimination from the provisions 
regarding abandonment. Senator Strickland moves that the bill be 

recommitted to the Committee on Judiciary No. 2. Senator Somers 

makes a substitute motion that the bill be re-referred to the Committee on 
Judiciary No. 1, which motion prevails. 

S. B. 776, a bill to amend General Statute 14-325 by eliminating sex 
discrimination from family support provisions. Senator Strickland 

moves that the bill be recommitted to the Committee on Judiciary No. 
2. Senator Somers makes a substitute motion that the bill be re- 

referred to the Committee on Judiciary No. 1, which motion prevails. 

S. B. 777, a bill to eliminate sex discrimination from the provisions con- 
cerning the offense of failure to support a child. Senator Strickland 
moves that the bill to recommitted to the Committee on Judiciary No. 
2. Senator Somers makes a substitute motion that the bill be re- 
referred to the Committee on Judiciary No. 1, which motion prevails. 



1974] SENATE JOURNAL 211 

S. B. 778, a bill to provide that abandonment of children by either parent 
shall be a misdemeanor. Senator Strickland moves that the bill be 

recommitted to the Committee on Judiciary No. 2. Senator Somers 

makes a substitute motion that the bill be re-referred to the Committee on 
Judiciary No. 1, which motion prevails. 

S. B. 779, a bill to eliminate sex discrimination from the provision denning 
the word "tramp". Senator Strickland moves that the bill be recom- 

mitted to the Committee on Judiciary No. 2. Senator Somers makes 

a substitute motion that the bill be re-referred to the Committee on 
Judiciary No. 1, which motion prevails. 

S. B. 786, a bill to eliminate the prohibition against certain interracial 
marriages. Senator Strickland moves that the bill be recommitted to 

the Committee on Judiciary No. 2. Senator Somers makes a substitute 

motion that the bill be re-referred to the Committee on Judiciary No. 1, 
which motion prevails. 

S. B. 787, a bill to eliminate any reference to race and color on marriage 
licenses. Senator Strickland moves that the bill be recommitted to the 

Committee on Judiciary No. 2. Senator Somers makes a substitute 

motion that the bill be re-referred to the Committee on Judiciary No. 1, 
which motion prevails. 

SPECIAL ORDER NO. 1 

S. B. 978, Committee Substitute for S. B. 978 

The hour having arrived for the consideration of Special Order No. 1, 
the President lays before the Senate the Special Order, it being Committee 
Substitute for S. B. 978, a bill to regulate contribution and expenditures in 
political campaigns. Senator Moore offers an amendment which is 

adopted. Senator Deane offers an amendment. Senator Moore 

calls for the "ayes" and "noes" on the amendment offered by Senator 
Deane. Senator Deane calls the previous question, seconded by Senator 

Knox. The call is sustained. The call for the "ayes" and "noes" 

is sustained. The amendment offered by Senator Deane is adopted by 

roll-call vote, ayes 25, noes 18, as follows: Those voting in the affirma- 

tive are: Senators Alford, Allsbrook, Bahakel, Bob L. Barker, Britt, Cole- 
man, Crawford, Deane, Gudger, Hardison, Henley, Kirby, Mills, Rauch, 
Raynor, Rhyne, Saunders, Scott, Lynwood Smith, McNeill Smith, Stallings, 
Strickland, Webster, White, Williamson — 25. Those voting in the 

negative are: Senators Allen, Bagnal, Robert J. Barker, Blanchard, Butner, 
Horton, Hughes, Knox, Mauney, Moore, Mullins, Murrow, Poovey, Royall, 
Sharpe, Somers, Taylor, Wilkie — 18. Senator Deane offers a second 

amendment which fails of adoption. Senator Bahakel offers an amend- 

ment which fails of adoption. Senator McNeill Smith offers an 

amendment which is adopted. Senator Gudger offers an amendment 

which is adopted. Senator Moore calls the previous question, seconded 

by Senator Hardison. The call is sustained. Senator Moore calls for 

the "ayes" and "noes." The call is sustained. The Committee 

Substitute bill, as amended, passes its second reading by roll-call vote, ayes 



212 SENATE JOURNAL [Session 

43, noes 2, as follows: Those voting in the affirmative are: Senators 

Alford, Allen, Allsbrook, Bagnal, Bahakel, Bob L. Barker, Robert J. Barker, 
Blanchard, Britt, Butner, Coleman, Crawford, Deane, Garrison, Gudger, 
Hardison, Henley, Hughes, Kirby, Knox, Mills, Moore, Mullins, Murrow, 
Poovey, Rauch, Raynor, Rountree, Royall, Saunders, Scott, Sharpe, Lyn- 
wood Smith, McNeill Smith, Somers, Stallings, Staton, Strickland, Taylor, 
Webster, White, Wilkie, Williamson — 43. Those voting in the nega- 

tive are: Senators Mauney, Rhyne — 2. Senator Moore objects to the 

third reading and moves that the Committee Substitute bill, as amended, be 
made Special Order No. 2 on tomorrow's Calendar. Senator Strickland 

moves that the Committee Substitute bill, as amended, be placed on the 
Calendar for Friday, March 8, as Special Order No. 1, which motion 
prevails. 

S. B. 1201, a bill to amend General Statute 160A-64(a) to authorize 
travel and expense allowance for elected municipal officials, upon third 
reading. The bill passes its third reading and is ordered sent to the 

House of Representatives. 

S. B. 1258, a bill to incorporate the Town of Shady Forest, upon third 
reading. The bill passes its third reading by roll-call vote, ayes 40, 

noes 0, as follows : Those voting in the affirmative are : Senators 

Alford, Allsbrook, Bagnal, Bob L. Barker, Robert J. Barker, Blanchard, 
Butner, Deane, Folger, Gudger, Hardison, Henley, Horton, Hughes, Kirby, 
Knox, Mauney, Mills, Moore, Mullins, Murrow, Poovey, Rauch, Raynor, 
Rhyne, Rountree, Royall, Saunders, Sharpe, Lynwood Smith, McNeill Smith, 
Somers, Stallings, Staton, Strickland, Taylor, Webster, White, Wilkie, Wil- 
liamson — 40. The bill is ordered sent to the House of Representatives. 

H. B. 338, Senate Committee Substitute for H. B. 338, a bill to authorize 
counties, cities and other units of local government to create purchase money 
security interests in real and personal property. Upon motion of 

Senator Britt, the Senate Committee Substitute bill is adopted. Upon 

motion of Senator Britt, the Senate Committee Substitute bill is placed on 
the Calendar for Tuesday, March 12. 

H. B. 1068, a bill to amend Article 12 of Chapter 130 to provide for the 
dissolution of certain sanitary districts, upon third reading. The bill 

passes its third reading and is ordered enrolled. 

H. B. 1138, Senate Committee Substitute for H. B. 1138, a bill to provide 
that copies of medical records shall be received in evidence as regular busi- 
ness records. Upon motion of Senator Allsbrook, the Senate Committee 
Substitute bill is adopted and remains on the Calendar. 

H. B. 1276, a bill to authorize the Department of Transportation and 
Highway Safety to aid in the mass transportation needs of the State. 
Upon motion of Senator Harrington, seconded by Senator Horton, the 
Committee amendment is adopted. Upon motion of Senator Harring- 

ton, the bill, as amended, is re-referred to the Committee on Appropriations. 

H. B. 1351, a bill to incorporate the Town of East Arcadia, upon third 
reading. The bill passes its third reading by roll-call vote, ayes 40, 



1974] SENATE JOURNAL 213 

noes 0, as follows: Those voting in the affirmative are: Senators 

Alford, Allsbrook, Bagnal, Bob L. Barker, Robert J. Barker, Blanchard, 
Butner, Deane, Folger, Gudger, Hardison, Henley, Horton, Hughes, Kirby, 
Knox, Mauney, Mills, Moore, Mullins, Murrow, Poovey, Rauch, Raynor, 
Rhyne, Rountree, Royall, Saunders, Sharpe, Lynwood Smith, McNeill Smith, 
Somers, Stallings, Staton, Strickland, Taylor, Webster, White, Wilkie, Wil- 
liamson — 40. The bill is ordered enrolled. 

H. B. 1410, a bill to authorize counties to levy taxes on property for 
armory construction, upon second reading. The bill passes its second 

reading by roll-call vote, ayes 37, noes 0, as follows: Those voting in 

the affirmative are: Senators Alford, Allen, Allsbrook, Bagnal, Bahakel, 
Bob L. Barker, Robert J. Barker, Blanchard, Butner, Coleman, Deane, 
Folger, Gudger, Hardison, Henley, Horton, Mills, Moore, Mullins, Murrow, 
Poovey, Rauch, Rountree, Royall, Saunders, Scott, Sharpe, Lynwood Smith, 
Somers, Stallings, Staton, Strickland, Taylor, Webster, White, Wilkie, Wil- 
liamson — 37. The bill remains on the Calendar. 

H. B. 1530, a bill to amend Chapter 387 of the 1973 Session Laws, which 
amended General Statute 139-39, to authorize the board of county commis- 
sioners to establish watershed improvement districts in areas of the Counties 
of Camden, Pasquotank and Perquimans, upon third reading. The bill 

passes its third reading by roll-call vote, ayes 42, noes 0, as follows: 
Those voting in the affirmative are: Senators Alford, Allsbrook, Bagnal, 
Bahakel, Bob L. Barker, Robert J. Barker, Blanchard, Butner, Coleman, 
Deane, Folger, Gudger, Hardison, Henley, Horton, Hughes, Kirby, Knox, 
Mills, Moore, Mullins, Murrow, Poovey, Rauch, Raynor, Rhyne, Rountree, 
Royall, Saunders, Scott, Sharpe, Lynwood Smith, McNeill Smith, Somers, 
Stallings, Staton, Strickland, Taylor, Webster, White, Wilkie, Williamson 
— 42. The bill is ordered enrolled. 

H. B. 1716, a bill to amend Chapter VI, Article 1, Subchapter B, of the 
charter of the City of Reidsville as set forth in Chapter 831, Session Laws 
of 1961, upon third reading. The bill passes its third reading by roll- 

call vote, ayes 40, noes 0, as follows: Those voting in the affirmative 

are: Senators Alford, Allsbrook, Bagnal, Bob L. Barker, Robert J. Barker, 
Blanchard, Butner, Deane, Folger, Gudger, Hardison, Henley, Horton, 
Hughes, Kirby, Knox, Mauney, Mills, Moore, Mullins, Murrow, Poovey, 
Rauch, Raynor, Rhyne, Rountree, Royall, Saunders, Sharpe, Lynwood Smith, 
McNeill Smith, Somers, Stallings, Staton, Strickland, Taylor, Webster, 
White, Wilkie, Williamson — 40. The bill is ordered enrolled. 

S. B. 1372, upon motion of Senator Kirby, S. B. 1372, a bill to authorize 
the development of a bicycle and bikeway program in the State of North 
Carolina, is taken from the Committee on Calendar and re-referred to the 
Committee on Transportation. 

S. J. R. 1378, S. B. 1379, S. B. 1382, and S. B. 1394. Upon motion of 

Senator Kirby, S. J. R. 1378, a joint resolution recommending the inclusion 
of Jockey's Ridge in the State Parks System; S. B. 1379, a bill to appro- 
priate funds to defray expenses of administering the Campaign Contribution 
and Spending Reporting Act; S. B. 1382, a bill to create a permanent 



214 SENATE JOURNAL [Session 

legislative commission on children with special needs; and S. B. 1394, a 
bill to appropriate funds for use by the North Carolina Azalea Festival 
at Wilmington, Inc., are taken from the Committee on Calendar and re- 
referred to the Committee on Appropriations. 

Upon motion of Senator Allen, the Senate adjourns to meet tomorrow at 
2:30 P.M. 



ONE HUNDRED THIRTY-FOURTH DAY 

Senate Chamber, 
Thursday, March 7, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

The President grants leaves of absence to Senators Folger and Staton 
for today, and to Senator Mauney for tomorrow, March 8. 

S. B. 1374 and S. B. 1386. Upon motion of Senator Kirby S. B. 1374, 

a bill to authorize local governments to waive bid requirements on purchases 
of petroleum products, is taken from the Committee on Calendar and re- 
referred to the Committee on Appropriations, and S. B. 1386, a bill to 
amend Article 2C of Chapter 122 so as to establish four special pilot area 
mental health programs, is taken from the Committee on Calendar and re- 
referred to the Committee on State Policies. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. B. 809, an act to require every pawnbroker in Cumberland County to 
maintain a permanent record of all purchases and sales made. 

S. B. 1047, an act to repeal Chapter 482 of the 1973 Session Laws pro- 
hibiting the running and chasing of fox with dogs between January 1 and 
September 1 in Carteret County. 

S. B. 1048, an act to provide for the salaries and travel expenses of the 
members of the Boards of County Commissioners, Education, and Social 
Services of Columbus County. 

H. B. 1068, an act to amend Article 12 of Chapter 130 to provide for the 
dissolution of certain sanitary districts. 



1974] SENATE JOURNAL 215 

H. B. 1179, an act to grant county commissioners authority to regulate 
the disposing and discarding of trash within counties. 

H. B. 1182, an act to regulate the placing of trash, refuse and garbage 
within municipal limits. 

H. B. 1351, an act to incorporate the Town of East Arcadia. 

H. B. 1429, an act to amend General Statute 143-166.2 relating to law 
enforcement officers, firemen and rescue squad workers. 

H. B. 1491, an act establishing guidelines for establishing charges and 
setting rates of water and sewer utilities. 

H. B. 1530, an act to amend Chapter 387 of the 1973 Session Laws, which 
amended General Statute 139-39 to authorize the board of county com- 
missioners to establish watershed improvement districts in areas of the 
Counties of Camden, Pasquotank and Perquimans. 

H. B. 1716, an act to amend Chapter VI, Article I, Subchapter B, of the 
charter of the City of Reidsville as set forth in Chapter 831, Session Laws 
of 1961. 

H. B. 1717, an act to amend Chapter 522 of the 1971 Session Laws re- 
lating to the Wilson City Board of Education. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Williamson, for the Committee on Alcoholic Beverage Control : 

S. B. 1323, a bill to make a technical amendment in the law relating to 
application for ABC permit, with a favorable report. 

H. B. 1354, a bill to amend Chapter 18A of the General Statutes so as to 
allow the sale of rice-based wines, with a favorable report. 

H. B. 1781, a bill to authorize the Town of Boiling Spring Lakes to hold 
an election for the sale of beer for off -premise consumption, with a favorable 
report. 

By Senator Kirby, for the Committee on Calendar: 

S. B. 1376, a bill to amend General Statute 54-19 relating to loan com- 
mittees of savings and loan associations, with a favorable report. 

S. B. 1377, a bill regarding the publication of financial information by 
insurers, with a favorable report. 

S. B. 1392, a bill to amend General Statute 58-173.27 of the fair access to 
insurance requirements, being Article 18B, Chapter 58 of the General 
Statutes, with a favorable report. 



216 SENATE JOURNAL [Session 

By Senator McNeill Smith, for the Committee on Highway Safety: 

S. B. 1042, a bill to rewrite General Statute 20-347 (b) pertaining to re- 
cording odometer reading by the Department of Motor Vehicles, with an 
unfavorable report as to bill, favorable as to Committee Substitute bill. 
Upon motion of Senator McNeill Smith, the rules are suspended, and the 
Committee Substitute bill is placed on today's Calendar. 

S. B. 1060, a bill to amend General Statute 20-109 relative to altering or 
changing an engine or other number, with an unfavorable report as to bill, 
favorable as to Committee Substitute bill. Upon motion of Senator 

McNeill Smith, the rules are suspended, and the Committee Substitute bill 
is placed on today's Calendar. 

By Senator Allsbrook, for the Committee on Judiciary No. 1: 

S. B. 1207, a bill to amend General Statute 18A-34 concerning minors on 
the licensed premises, with a favorable report, as amended. 

S. B. 1277, a bill to amend General Statute 143-63.1 relating to the dis- 
position of firearms, with a favorable report. 

By Senator Royall, for the Committee on Public Health and Resources: 

S. B. 1240, a bill to authorize the training and utilization of emergency 
medical technicians, with a favorable report, as amended. 

H. B. 932, a bill to authorize the State Board of Social Services to con- 
tract with agencies of the Federal Government, without prejudice. 
Upon motion of Senator Royall, the rules are suspended, and the bill is 
placed on the Calendar for immediate consideration. Upon motion of 

Senator Royall, the bill is postponed indefinitely. 

H. B. 1228, a bill to amend Article 2, Part 5 of Chapter 108 of the 
General Statutes, to provide for recovery from certain persons funds paid 
for medical assistance, with a favorable report, as amended. 

H. B. 1649, a bill to change the name of the Commission for Medical 
Facility Services and Licensure to the North Carolina Medical Care Com- 
mission, with a favorable report. 

H. B. 1773, a bill relating to regulation of emergency medical services, 
with a favorable report, as amended. 

H. B. 1881, a bill to amend General Statute 130-13 relating to the mem- 
bership of county boards of health, with a favorable report, as amended. 

By Senator Webster, for the Committee on Public Utilities: 

S. B. 1314, a bill to permit small electrical distribution companies to 
charge the same rates for the same services as the utility companies from 
which they purchase their electricity at wholesale, with a favorable report. 

S. B. 1349, a bill to amend General Statute 62-133 (c) in order to grant 
to the North Carolina Utilities Commission the authority, in its discretion, 



1974] SENATE JOURNAL 217 

to use a current as well as a past test period in establishing public utility 
rates, with a favorable report. 

H. B. 1490, a bill to authorize setting of rates in small utility cases by 
less than full commission hearing, with a favorable report. 

By Senator Allen, for the Committee on Rules and Operation of the 

Senate : 

S. J. R. 1208, a joint resolution commemorating the life and memory of 
Joseph A. Smith, with a favorable report. 

H. J. R. 1577, a joint resolution honoring the life and memory of Mewborn 
Braxton Wilson, businessman and industrial leader, with a favorable report. 

H. J. R. 1620, a joint resolution honoring the life, memory and achieve- 
ments of Edwin Duncan, Sr., a former member of the Senate, with a favor- 
able report. 

H. J. R. 1722, a joint resolution commemorating the centennial celebration 
of the Town of Maxton, with a favorable report. 

H. J. R. 1805, a joint resolution honoring the life and memory of Howard 
H. Hubbard, former judge of the Superior Court, with a favorable report. 

H. J. R. 1922, a joint resolution honoring Leonard Thompson for his 
achievements in golf and his humanitarian and philanthropic acts, with a 
favorable report. 

H. J. R. 1996, a joint resolution honoring the life and memory of Ernest 
L. Hicks, former member of the House of Representatives from Mecklen- 
burg, with a favorable report. 

By Senator Garrison, for the Committee on State Policies: 

S. B. 1146, a bill relating to the creation of a forest practices study com- 
mission, with a favorable report. 

S. J. R. 1292, a joint resolution authorizing a legislative commission to 
study the North Carolina Pesticide Law of 1971 and the North Carolina 
Structural Pest Law of 1955, with a favorable report. 

By Senator Rhyne, for the Committee on Wildlife: 

H. B. 1594, a bill to amend General Statute 113-104 with respect to hunt- 
ing with unplugged shotguns, with a favorable report. 

H. B. 1595, a bill to provide further protection for bear and wild turkey, 
with a favorable report. 

H. B. 1597, a bill to prevent the spread of disease among native popu- 
lations of wild turkey, with a favorable report. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 



218 SENATE JOURNAL [Session 

S. B. 1396, by Senators Williamson, Lynwood Smith, Deane, Allen, 
Blanchard, Robert J. Barker, Hardison, Scott, Crawford, Royall, Mills, Britt, 
Harrington, Alford, Webster, Bahakel, Allsbrook, Rhyne, Rauch, Kirby, 
Saunders, Mauney, Gudger, Garrison, Stallings, Godwin and Knox, a bill 
to provide for securing competitive proposals for leasing of space by the 
State. Referred to Committee on Calendar. 

S. B. 1397, by Senator Raynor, a bill to amend General Statute 18A-5(3) 
to authorize the expenditure of the five-cent add-on provided in that Sub- 
section for renovation of facilities used for education, research, treatment 
or rehabilitation of alcoholics, and to have the proceeds of the add-on not 
expended by the county commissioners for the purposes set out in that 
Section revert to the Division of Mental Health Services of the Depart- 
ment of Human Resources. Referred to Committee on Calendar. 

S. B. 1398, by Senator Raynor, a bill to permit counties, cities and towns 
to grant special compensation for employees injured in line of duty. 
Referred to Committee on Calendar. 

S. B. 1399, by Senator Murrow, a bill to amend Chapter 20 of the General 
Statutes of North Carolina increasing the driver license revocation time for 
excessive speed to avoid apprehension and creating a new offense of un- 
lawful flight to avoid apprehension. Referred to Committee on Calen- 
dar. 

S. J. R. 1400, by Senators Knox, Hardison, Allen, Harrington, Henley, 
Folger, Moore and Garrison, a joint resolution establishing the joint special 
committee on gasoline allocation and distribution. Referred to Com- 

mittee on Calendar. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the 
following bills and resolutions, which are read the first time and disposed 
of as follows : 

S. B. 1092, a bill to establish the commission for human skills and resource 
development, for concurrence in the House amendment. Upon motion 

of Senator Strickland, the Senate concurs in the House amendment and the 
bill is ordered enrolled. 

H. B. 1464, Committee Substitute for H. B. 1464, a bill to provide that 
handicapped applicants for employment with the State shall have preference 
over able-bodied applicants. Referred to Committee on Calendar. 

H. B. 1543, a bill to amend General Statute 90-95 (g) to include the 
Clinical Toxicological Lab, North Carolina Baptist Hospital, Winston-Salem, 
under the North Carolina Controlled Substances Act. Referred to 

Committee on Calendar. 

H. B. 1643, a bill to authorize the Town of Holly Ridge to donate a tract 
of land to the Penslow Health Center Foundation, Inc. Referred to 

Committee on Calendar. 



1974] SENATE JOURNAL 219 

H. B. 1724, a bill to regulate sale of spirituous liquors, beer and wine in 
Wilkes County. Referred to Committee on Calendar. 

H. B. 1750, a bill to prohibit trapping, except foxes, in Ashe, Alexander, 
Alleghany, Stokes, Surry, Wilkes and Yadkin Counties. Referred to 

Committee on Calendar. 

H. B. 1812, a bill to clarify Article 9B of Chapter 44 of the General 
Statutes relating to attachment or garnishment and lien for ambulance 
service in certain counties. Referred to Committee on Calendar. 

H. B. 1911, a bill to amend the Local Government Bond Act with respect 
to the maturity schedule of bonds by correcting a transcription error. 
Referred to Committee on Calendar. 

H. B. 1935, a bill to amend General Statute 143-129 relating to the letting 
of public contracts by the City of Charlotte and Mecklenburg County. 
Referred to Committee on Calendar. 

H. B. 1956, a bill to make a technical amendment in the law relating to 
application for ABC permit. Referred to Committee on Calendar. 

H. B. 1960, a bill to increase the membership of the Board of Com- 
missioners to five in the Town of Wagram and to authorize the appointment 
of two members to serve until the next election. Referred to Com- 

mittee on Calendar. 

H. B. 1977, a bill to amend General Statute 159-39 pertaining to public 
hospitals. Referred to Committee on Calendar. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

S. B. 659, a bill to amend Chapter 58 of the General Statutes to remove 
age discrimination in the fixing of rate classifications for automobile in- 
surance. Upon motion of Senator Henley, consideration of the bill is 
postponed until Friday, March 8. 

SPECIAL ORDER NO. 1 

S. B. 857, Committee Substitute for S. B. 857 

The hour having arrived for the consideration of Special Order No. 1, the 
President of the Senate lays before the Senate Special Order No. 1, it being 
Committee Substitute for S. B. 857, a bill to create a State land policy 
council to develop State policy with respect to land use and land manage- 
ment. Senator Somers offers an amendment which is adopted. 
The Committee Substitute bill, as amended, passes its second and third 
readings and is ordered engrossed and sent to the House of Representatives. 

S. B. 1042, Committee Substitute for S. B. 1042, a bill to rewrite General 
Statute 20-347 (b) pertaining to recording odometer reading by the Depart- 



220 SENATE JOURNAL [Session 

ment of Motor Vehicles. Upon motion of Senator McNeill Smith, the 

Committee Substitute bill is adopted and remains on the Calendar. 

S. B. 1060, Committee Substitute for S. B. 1060, a bill to amend General 
Statute 20-109 relative to altering or changing an engine or other num- 
ber. Upon motion of Senator McNeill Smith, Committee Substitute 
bill is adopted and remains on the Calendar. 

S. B. 1078, a bill to amend General Statute 20-316 concerning depart- 
mental hearings upon lapse of liability insurance coverage. Upon mo- 
tion of Senator Crawford, the Committee amendment is adopted. The 
bill, as amended, passes its second and third readings and is ordered en- 
grossed and sent to the House of Representatives. 

S. B. 1091, Committee Substitute for S. B. 1091, a bill to amend General 
Statutes Chapter 122, Article 3, Part 2 (Patient's Rights), and to provide 
specific patient's rights for minors. The Committee Substitute bill 

passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 1114, a bill to amend General Statute 14-33 to provide for greater 
punishment for an inmate who commits an assault or an assault and 
battery on a correctional officer. Upon motion of Senator Gudger, the 

Committee amendment is adopted. The bill, as amended, passes its 

second and third readings and is ordered engrossed and sent to the House 
of Representatives. 

S. B. 1115, a bill to rewrite General Statute 148-26 declaring State policy 
on employment of persons serving sentences in the State Prison System. 
Upon motion of Senator Gudger, the Committee amendment is adopted. 
Senator Sharpe calls for the "ayes" and "noes", seconded by Senator 
Kincaid. Senator Gudger calls the previous question, seconded by 

Senator Knox. The call is sustained. The call for the "ayes" and 

"noes" is sustained. The bill, as amended, fails to pass its second 

reading by roll-call vote, ayes 16, noes 20, as follows: Those voting in 

the affirmative are: Senators Bahakel, Robert J. Barker, Blanchard, Butner, 
Crawford, Garrison, Gudger, Knox, Mills, Murrow, Lynwood Smith, McNeill 
Smith, Strickland, Webster, Wilkie, Williamson — 16. Those voting 

in the negative are: Senators Alford, Bagnal, Godwin, Hardison, Harrington, 
Henley, Horton, Hughes, Kincaid, Kirby, Mauney, Mullins, Poovey, Raynor, 
Rhyne, Rountree, Saunders, Sharpe, Somers, White — 20. 

S. B. 1147, a bill to create a State energy council to develop State policy 
with respect to effective energy management. Passes its second and 

third readings and is ordered sent to the House of Representatives. 

S. B. 1158, a bill amending General Statute 143A-181 relating to Credit 
Union Commission appointments. Passes its second and third readings 

and is ordered sent to the House of Representatives. 

S. B. 1160, a bill amending Article 9 of Chapter 54 of the General Statutes 
relating to credit unions. Passes its second and third readings and is 

ordered sent to the House of Representatives. 



1974] SENATE JOURNAL 221 

S. B. 1209, a bill relating to regulation of emergency medical services. 
Upon motion of Senator Henley, consideration of the bill is postponed until 
Friday, March 8. 

S. B. 1214, a bill to amend General Statute 7A-451(a) and add General 
Statute 148-62.1 to provide counsel for indigents in certain parole revocation 
proceedings, as amended. The bill, as amended, passes its second read- 

ing. Upon objection of Senator Gudger to its third reading, the bill, 

as amended, remains on the Calendar. 

S. B. 1225, a bill to rewrite General Statute 44A-24 pertaining to false 
written statements in connection with improvement of real property. 
Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 1244, a bill to amend Chapter 134 of the General Statutes of North 
Carolina to provide for a child advocacy council within the Department of 
Youth Development. Upon motion of Senator Mills, consideration of 

the bill is postponed until Tuesday, March 12. 

S. B. 1249, a bill to amend Article IB of Chapter 113 of the General 
Statutes, allowing increased flexibility in State aid for aviation improve- 
ments. Passes its second and third readings and is ordered sent to 
the House of Representatives. 

S. B. 1251, a bill to amend Article 7 of Chapter 148 to prohibit the re- 
lease of confidential information in inmate records. Upon motion of 
Senator Crawford, the Committee amendment is adopted. The bill, as 
amended, passes its second and third readings and is ordered engrossed and 
sent to the House of Representatives. 

S. B. 1261, a bill to amend General Statute 127-40 relative to the ap- 
pointment and organization of special courts-martial in the North Carolina 
National Guard. Passes its second and third readings and is ordered 

sent to the House of Representatives. 

S. B. 1262, a bill to amend General Statute 127-37.1 relative to the North 
Carolina Distinguished Service Medal. Passes its second and third 

readings and is ordered sent to the House of Representatives. 

S. B. 1287, a bill to require temporary confiscation of operator's license 
when holder arrested for driving under the influence of intoxicants. 
Upon motion of Senator McNeill Smith, the Committee amendment is 
adopted. The bill, as amended, passes its second reading. Upon 

objection of Senator Horton to its third reading, the bill, as amended, re- 
mains on the Calendar. 

S. B. 1326, a bill to authorize the Board of Transportation to erect ap- 
propriate signs indicating the direction to Horneytown. The bill fails 
to pass its second reading. 

S. B. 1342, a bill to amend General Statute 20-57 relating to motor vehicle 
registration cards. Passes its second and third readings and is ordered 

sent to the House of Representatives. 



222 SENATE JOURNAL [Session 

S. B. 1369, a bill to amend the North Carolina Biological Organism Act 
(General Statute 106-65.42 et seq.). Passes its second and third read- 

ings and is ordered sent to the House of Representatives. 

H. B. 973, Committee Substitute for H. B. 973. a bill to amend Section 
105-275 of the General Statutes to exempt from taxation real property 
which is owned by a charitable organization exclusively for a public 
park. Passes its second and third readings and is ordered enrolled. 

H. B. 1138, Senate Committee Substitute for H. B. 1138, a bill to provide 
that copies of medical records shall be received in evidence as regular busi- 
ness records. Upon motion of Senator Godwin, consideration of the 
Senate Committee Substitute bill is postponed until Monday, March 11. 

H. B. 1150, Senate Committee Substitute for H. B. 1150, a bill to amend 
Article 12, Chapter 105, Section 278.6(a) (7), to provide for the exemption 
of real and personal property of volunteer fire departments from taxa- 
tion. The Senate Committee Substitute bill passes its second and third 
readings and is ordered sent to the House of Representatives for considera- 
tion of the Senate Committee Substitute bill. 

H. B. 1368, a bill to repeal certain superseded death benefit acts. 
Passes its second and third readings and is ordered enrolled. 

H. B. 1410, a bill to authorize counties to levy taxes on property for 
armory construction, upon third reading. The bill passes its third 

reading by roll-call vote, ayes 35, noes 1 : Those voting in the affirma- 

tive are: Senators Alford, Allsbrook, Bagnal, Bahakel, Robert J. Barker. 
Blanchard, Butner, Coleman, Crawford, Garrison, Godwin, Gudger, Hardi- 
son, Harrington, Henley, Horton, Kirby, Knox, Mauney, Mills, Moore. 
Poovey, Raynor, Rhyne, Royall, Scott, Sharpe, Lynwood Smith, McNeill 
Smith, Stallings, Strickland, Taylor, White, Wilkie, Williamson — 35. 
Voting in the negative is: Senator Somers — 1. The bill is ordered 

enrolled. 

H. B. 1435, Committee Substitute for H. B. 1435, a bill to exempt farm 
chemical applicators or bulk fertilizer spreaders from the registration re- 
quirements of Chapter 20. Passes its second and third readings and 
is ordered enrolled. 

H. B. 1439, a bill to amend General Statute 66-58 to make the Depart- 
ment of Administration responsible for seeing that North Carolina flags are 
available for purchase by every citizen of North Carolina. Passes its 

second and third readings and is ordered enrolled. 

H. B. 1513, a bill creating the "North Carolina National Guard Meritori- 
ous Service Medal" and the "North Carolina National Guard State Duty 
Award" to honor those members of the North Carolina National Guard who 
have distinguished themselves and this State. Passes its second and 

third readings and is ordered enrolled. 

H. B. 1612, a bill to amend Article 7A of Chapter 54 of the General 
Statutes of North Carolina concerning the regulation of mutual deposit 



1974] SENATE JOURNAL 223 

guaranty associations. Passes its second and third readings and is 

ordered enrolled. 

H. B. 1665, a bill prohibiting the sale or offer of sale of immature 
apples. The bill passes its second reading. Upon objection of 

Senator Gudger to its third reading, the bill remains on the Calendar. 

Upon motion of Senator Hardison, the Senate adjourns to meet tomorrow 
at 10:00 A.M. 



ONE HUNDRED THIRTY-FIFTH DAY 

Senate Chamber, 
Friday, March 8, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found to 
be correct, and upon his motion the reading of the Journal is dispensed with 
and it stands approved as written. 

The President grants leaves of absence to Senators Bahakel and Alford 
for today. 

S. B. 1115, upon motion of Senator Harrington, the vote by which S. B. 
1115, a bill to rewrite General Statute 148-26 declaring State policy on 
employment of persons serving sentences in the State prison system, failed 
to pass its second reading is reconsidered and the bill is placed upon today's 
Calendar. 

S. B. 1119, upon motion of Senator Gudger, S. B. 1119, a bill to temporari- 
ly increase the membership and term of service of the Board of Paroles 
and to make an appropriation for the increased membership, is taken from 
the Committee on Social Rehabilitation and Control and Law Enforcement 
and re-referred to the Committee on Appropriations. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their 
titles, together with the reports accompanying them, and take their place 
on the Calendar, as follows: 

By Senator Kirby, for the Committee on Calendar: 

S. B. 1375, a bill to provide that the Tribal Council of the Eastern Band 
of Cherokee Indians in Jackson and Swain Counties shall be eligible for 
membership in regional planning commissions, economic development com- 
missions and regional councils of governments, with a favorable report. 



224 SENATE JOURNAL [Session 

S. J. R. 1400, a joint resolution establishing the joint special committee 
on gasoline allocation and distribution, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of, 
as follows: 

S. B. 1401, by Senator Royall, a bill to consolidate the governments of 
the City of Durham and Durham County and enact a charter for the con- 
solidated government of Durham and Durham County subject to approval 
of the voters of Durham County. Referred to Committee on Calendar. 

S. B. 1402, by Senator Poovey, a bill to consolidate all retirement systems 
within the Department of the State Treasurer. Referred to Committee 

on Calendar. 

S. B. 1403, by Senators Raynor and Folger, a bill to require policies con- 
taining coordination of benefits and non-duplication provisions to provide 
benefits at least to the extent of actual medical expenses incurred. Re- 

ferred to Committee on Calendar. 

S. B. 1404, by Senators Kirby, Raynor, Deane, Garrison, and Hardison, a 
bill relating to the fees of the Board of Examiners in Optometry. Re- 

ferred to Committee on Calendar. 

S. J. R. 1405, by Senators Robert J. Barker, Blanchard, Williamson, and 
Wilkie, a joint resolution creating a commission to study petroleum pricing 
and supplying practices of oil companies in North Carolina. Referred 

to Committee on Calendar. 

S. B. 1406, by Senators McNeill Smith, Stallings, and Gudger, a bill to 
amend General Statute 148-33.1 to permit inmates serving life sentences to 
become eligible for work release consideration after serving nine years. 
Referred to Committee on Calendar. 

S. J. R. 1407, by Senator Mills, a joint resolution to establish the fisheries 
training vessel study commission. Referred to Committee on Calendar. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and dis- 
posed of, as follows: 

H. B. 1353, Committee Substitute for H. B. 1353, a bill authorizing the 
register of deeds to record and file documents relating to persons, partner- 
ships, and corporations for business and other purposes in consolidated 
books or records. Referred to Committee on Calendar. 

H. B. 1571, a bill amending General Statute 7A-307 relating to the cost 
of court in the administration of an estate. Referred to Committee on 

Calendar. 



1974] SENATE JOURNAL 225 

H. B. 1892, a bill to amend Chapter 398, Session Laws of 1959, redefining 
the corporate limits of the Town of Forest City in Rutherford County. 
Referred to Committee on Calendar. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

S. B. 659, a bill to amend Chapter 58 of the General Statutes to remove 
age discrimination in the fixing of rate classifications for automobile in- 
surance. Upon motion of Senator Henley, the Committee amendment 
is adopted. Senator Moore offers an amendment which fails of 
adoption. Senator Williamson calls for the "ayes" and "noes." 
Senator Henley calls the previous question, seconded by Senator Deane. 
The call is sustained. The call for the "ayes" and "noes" is sus- 
tained. The bill, as amended, passes its second reading by roll-call 
vote, ayes 21, noes 14, as follows: Those voting in the affirmative are: 
Senators Allsbrook, Britt, Coleman, Crawford, Deane, Garrison, Gudger, 
Hardison, Harrington, Henley, Kirby, Knox, Mills, Mullins, Saunders, Scott, 
Lynwood Smith, McNeill Smith, White, Wilkie, Williamson — 21. 
Those voting in the negative are: Senators Allen, Bagnal, Robert J. Barker, 
Butner, Folger, Kincaid, Moore, Poovey, Rountree, Royall, Stallings, Staton, 
Strickland, Taylor — 14. Senator Allen objects to the third reading 
of the bill, as amended. Upon motion of Senator Gudger, the bill, as 
amended, is placed on the Calendar for Tuesday, March 12. 

S. B. 911, Committee Substitute for S. B. 911, a bill to provide for 
illegitimate children to inherit pursuant to the Intestate Succession Act, as 
amended. Upon motion of Senator Coleman, consideration of the Com- 

mittee Substitute bill, as amended, is postponed until Wednesday, March 13. 

SPECIAL ORDER NO. 1 

S. B. 978, Committee Substitute for S. B. 978 

The hour having arrived for the consideration of Special Order No. 1, 
the President lays before the Senate the Special Order, it being Committee 
Substitute for S. B. 978, a bill to regulate contributions and expenditures in 
political campaigns, as amended, upon third reading. Senator Moore 

offers an amendment which is adopted. Senator Moore offers a second 

amendment. At the request of Senator Deane, consideration of the 

amendment is temporarily postponed. Senator Moore offers a third 

amendment which is adopted. Senator Mullins offers an amendment 

which is adopted. Senator McNeill Smith offers an amendment which 

fails of adoption. Senator Crawford offers an amendment which is 

adopted. Senator McNeill Smith offers a second amendment which is 

adopted. The debate on the second amendment offered by Senator 

Moore is resumed. Senator Deane calls for the "ayes" and "noes" on 

the second amendment offered by Senator Moore. Senator Moore calls 

the previous question, seconded by Senator Webster. The call is sus- 

tained. The call for the "ayes" and "noes" is sustained. The 



226 SENATE JOURNAL [Session 

second amendment offered by Senator Moore is adopted by roll-call vote, 
ayes 21, noes 16, as follows: Those voting in the affirmative are: 

Senators Allen, Allsbrook, Bagnal, Robert J. Barker, Blanchard, Crawford, 
Folger, Gudger, Hardison, Henley, Horton, Hughes, Knox, Moore, Mullins, 
Poovey, Raynor, Royall, Sharpe, Lynwood Smith, Staton — 21. Those 

voting in the negative are: Senators Britt, Coleman, Deane, Garrison, Har- 
rington, Kirby, Mills, Scott, McNeill Smith, Stallings, Strickland, Taylor, 
Webster, White, Wilkie, Williamson — 16. Senator Coleman offers an 

amendment. Senator Moore calls for the "ayes" and "noes" on the 

amendment offered by Senator Coleman. The call is sustained. 

The amendment offered by Senator Coleman fails of adoption by roll-call 
vote, ayes 3, noes 31, as follows: Those voting in the affirmative are: 

Senators Robert J. Barker, Coleman, Taylor — 3. Those voting in the 

negative are: Senators Allen, Allsbrook, Bagnal, Blanchard, Britt, Deane, 
Folger, Garrison, Gudger, Hardison, Harrington, Henley, Horton, Hughes, 
Kincaid, Kirby, Mills, Moore, Mullins, Poovey, Raynor, Royall, Scott, 
Sharpe, Lynwood Smith, Stallings, Staton, Strickland, Webster, White, 
Williamson — 31. Senator Allsbrook offers an amendment which he 

subsequently withdraws. Senator Gudger offers an amendment. 

Senator Gudger moves that consideration of the Committee Substitute bill, 
as amended, and his amendment be postponed until Tuesday, March 
12. Senator Gudger withdraws his motion. Senator Coleman 

offers a second amendment. Senator Deane offers an amendment and 

moves its adoption. Senator Moore makes a substitute motion that 

consideration of the Committee Substitute bill, as amended, and pending 
amendments be postponed until Tuesday, March 12, and be made Special 
Order No. 2 of the day; further that the adopted amendments be engrossed 
into the bill for a working copy, and that the amendments pending be 
printed and made available to the members. Senator Deane calls for 

the "ayes" and "noes" on the substitute motion of Senator Moore. The 

call is sustained. The substitute motion offered by Senator Moore 

prevails by roll-call vote, ayes 22, noes 9, as follows: Those voting in 

the affirmative are: Senators Allen, Allsbrook, Bagnal, Robert J. Barker, 
Blanchard, Coleman, Crawford, Folger, Gudger, Horton, Kincaid, Knox, 
Moore, Mullins, Poovey, Royall, Sharpe, Lynwood Smith, Staton, Strick- 
land, White, Williamson — 22. Those voting in the negative are : 
Senators Deane, Garrison, Hardison, Harrington, Henley, Scott, McNeill 
Smith, Taylor, Wilkie — 9. Upon motion of Senator Moore, Committee 
Substitute for S. B. 978, as amended, a bill to regulate contributions and 
expenditures in political campaigns, is set as Special Order No. 1 and 
Committee Substitute for S. B. 972, a bill relating to management of the 
coastal area of North Carolina, is set as Special Order No. 2 for Tuesday. 
March 12. 

S. B. 1042, Committee Substitute for S. B. 1042, a bill to rewrite General 
Statute 20-347 (b) pertaining to recording odometer reading by the Depart- 
ment of Motor Vehicles. Senator McNeill Smith offers an amendment 
which is adopted. The Committee Substitute bill, as amended, passes 
its second and third readings and is ordered engrossed and sent to the 
House of Representatives. 



1974] SENATE JOURNAL 227 

S. B. 1060, Committee Substitute for S. B. 1060, a bill to amend General 
Statute 20-109 relative to altering or changing an engine or other num- 
ber. The Committee Substitute bill passes its second and third read- 
ings and is ordered sent to the House of Representatives 

S. B. 1115, a bill to rewrite General Statute 148-26 declaring State policy 
on employment of persons serving sentences in the State prison system. 
Upon motion of Senator Gudger, consideration of the bill is postponed until 
Tuesday, March 12. 

S. B. 1214, a bill to amend General Statute 7A-451(a) and add General 
Statute 148-62.1 to provide counsel for indigents in certain parole revoca- 
tion proceedings, as amended, upon third reading. Upon motion of 
Senator Knox, consideration of the bill, as amended, is postponed until 
Wednesday, March 13. 

S. B. 1287, a bill to require temporary confiscation of operator's license 
when holder arrested for driving under the influence of intoxicants, as 
amended, upon third reading. The bill, as amended, passes its third 

reading and is ordered engrossed and sent to the House of Representatives. 

H. B. 1664, a bill to amend Chapter 713 of the Session Laws of 1965, as 
amended, being the charter of the City of Charlotte relative to employ- 
ment. The bill passes its second and third readings and is ordered 
enrolled. 

H. B. 1665, a bill prohibiting the sale or offer of sale of immature apples, 
upon third reading. Senator Horton offers an amendment. Sena- 

tor Poovey moves that the amendment do lie upon the table which motion 
prevails. Senator White calls the previous question, seconded by Sena- 

tor Hardison. The call is sustained. The bill passes its third 

reading and is ordered enrolled. 

H. B. 1781, a bill to authorize the Town of Boiling Spring Lakes to hold 
an election for the sale of beer for off-premise consumption. The bill 

passes its second and third readings and is ordered enrolled. 

Upon motion of Senator Allen, the Senate adjourns to meet on Monday 
at 8:00 P.M. 



ONE HUNDRED THIRTY-SIXTH DAY 

Senate Chamber, 
Monday, March 11, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of Friday has been examined and is found to 



228 SENATE JOURNAL [Session 

be correct, and upon his motion the reading- of the Journal is dispensed with 
and it stands approved as written. 

The President recognizes the following pages serving in the Senate this 
week: Doug Brady, Morehead City; Tim Bagnall, Cary; Dwayne Hyde, 
Cleveland; Mark Curtis, Mooresville; Benjie Minton, Raleigh; Mart Jarvis, 
Taylorsville ; Fred Sessoms, Greensboro; Brit Smith, Waynesville; Page 
Carson, Charlotte; Susan Sink, Lexington; Beth Blue, Aberdeen; Kimberly 
Sink, Lexington; Pennie Stephens, Wilson; Beverly Yarborough, Linwood; 
Yvonne Spaulding, Pendleton; Debra Ladd, Yadkinville; Jo Ann Johnson, 
Fayetteville; Karen Melvin, Fayetteville; John Harrington, Eden; Martha 
Hayes, Louisburg; Loretta Peedin, Princeton; Sonya Cooper, Raleigh. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. B. 993, an act to amend Chapter 100 of the Session Laws of 1955, re- 
lating to the Lumberton Firemen's Pension Fund. 

S. B. 1092, an act to establish the commission for human skills and re- 
source development. 

H. B. 973, an act to amend Section 105-275 of the General Statutes to 
exempt from taxation real property which is owned by a charitable or- 
ganization exclusively for a public park. 

H. B. 1368, an act to repeal certain superseded death benefit acts. 

H. B. 1410, an act to authorize counties to levy taxes on property for 
armory construction. 

H. B. 1435, an act to exempt farm chemical applicators or bulk fertilizer 
spreaders from the registration requirements of Chapter 20. 

H. B. 1439, an act to amend General Statute 66-58 to make the Depart- 
ment of Administration responsible for seeing that North Carolina flags are 
available for purchase by every citizen of North Carolina. 

H. B. 1513, an act creating the "North Carolina National Guard Merito- 
rious Service Medal" and the u North Carolina National Guard State Duty 
Award" to honor those members of the North Carolina National Guard who 
have distinguished themselves and this State. 

H. B. 1612, an act to amend Article 7A of Chapter 54 of the General 
Statutes of North Carolina concerning the regulation of mutual deposit 
guaranty associations. 

H. B. 1664, an act to amend Chapter 713 of the Session Laws of 1965, 
as amended, being the charter of the City of Charlotte relative to employ- 
ment. 



1974] SENATE JOURNAL 229 

H. B. 1781, an act to authorize the Town of Boiling Spring Lakes to hold 
an election for the sale of beer for off-premise consumption. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their 
titles, together with the reports accompanying them, and take their place 
on the Calendar, as follows: 

By Senator Stallings, for the Committee on Local Government and Re- 
gional Affairs: 

S. B. 275, a bill creating the commission on county and municipal govern- 
ment, with an unfavorable report. 

S. B. 1239, a bill to authorize cities and counties to create environmental 
quality advisory boards, with a favorable report, as amended. 

S. B. 1269, a bill to make Chapter 1206, Session Laws of 1965, Chapter 
815, Session Laws of 1967, and Chapter 1060, Session Laws of 1971, re- 
lating to bidding and disposition of redevelopment property, applicable to 
the City of New Bern, with a favorable report. 

S. B. 1271, a bill relating to the residence requirements of the City of 
Sanford Redevelopment Commission, with a favorable report. 

S. B. 1274, a bill to authorize an additional magistrate for Avery County, 
with a favorable report. 

S. B. 1278, a bill to abolish the office of coroner in Pender County upon 
the expiration of the term of the present coroner, with a favorable report. 

S. B. 1302, a bill to require boards of county commissioners to appoint 
members of municipal governing bodies when all seats become vacant, with 
a favorable report, as amended. 

S. B. 1305, a bill to amend Chapter 713 of the Session Laws of 1965, as 
amended, being the charter of the City of Charlotte, by deleting Chapter 
VIII relative to a recorder's court, with a favorable report. 

S. B. 1306, a bill to amend Chapter 713 of the Session Laws of 1965, as 
amended, being the charter of the City of Charlotte relating to eminent 
domain, with a favorable report. 

S. B. 1312, a bill to establish residence districts for the purpose of electing 
members of the Gates County Board of Education, with a favorable report, 
as amended. 

S. B. 1315, a bill to amend Chapter 79 of the Session Laws of 1965, re- 
lating to street and sidewalk improvements in the Town of Ayden, with a 
favorable report. 

S. B. 1328, a bill to validate the election held in Plymouth on November 
6, 1973, with a favorable report. 



230 SENATE JOURNAL [Session 

S. B. 1329, a bill to establish residence districts for the purpose of 
electing the Board of County Commissioners of Gates County, with a favor- 
able report, as amended. 

S. B. 1330, a bill to provide for a non-partisan election for members of 
the Board of Trustees of the Fairmont Administration School Unit, with a 
favorable report. 

S. B. 1331, a bill to provide for the election of the Red Springs Board of 
Education, with a favorable report. 

S. B. 1332, a bill to authorize and empower the County of Halifax to use 
county funds to construct a water line within the corporate limits of the 
Town of Halifax to enable the development of historic properties in said 
town, with a favorable report. 

S. B. 1336, a bill to abolish the office of coroner in Craven County, with a 
favorable report. 

S. B. 1339, a bill to amend the charter of the City of Greensboro, as re- 
vised and reorganized by Chapter 1137 of the Session Laws of 1959, and 
as amended, to grant authority for joint participation with Guilford County 
in community action programs, with a favorable report. 

S. B. 1352, a bill to authorize the Board of County Commissioners of 
Franklin County to establish terms of three years for the members of all 
boards, commissions, councils, committees or other bodies upon which the 
power of appointment has been conferred to the county commissioners, with 
a favorable report. 

S. B. 1366, a bill relating to the division of profits from liquor control 
stores in Durham County, with a favorable report. 

H. B. 1519, a bill prescribing the election of the Board of Education of 
Pender County, with a favorable report. 

H. B. 1593, a bill providing for the election of members of the Chapel 
Hill-Carrboro City Board of Education, and fixing their terms of office, 
with a favorable report. 

H. B. 1647, a bill relating to retirement benefits for employees of the City 
of Lincolnton in Lincoln County, with a favorable report. 

H. B. 1690, a bill to provide that all municipalities in Dare County shall 
have the powers of annexation contained in Chapter 160A of the General 
Statutes, with a favorable report. 

H-. B. 1691, a bill to provide for voluntary annexation by the Town of 
Manteo of areas, territories, or subdivisions not contiguous to the municipal 
boundaries of the Town of Manteo, with a favorable report. 

H. B. 1702, a bill to provide for the election of the Caswell County Board 
of Education, with a favorable report. 



1974] SENATE JOURNAL 231 

H. B. 1705, a bill to amend Chapter 713 of the 1965 Session Laws, being 
the charter of the City of Charlotte, relating to insurance premiums, with 
a favorable report. 

H. B. 1731, a bill to amend Chapter 890 of the 1971 Session Laws to 
bring two tracts of land within the corporate lands of Minnesott Beach, 
with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows : 

S. B. 1408, by Senator Kincaid, a bill to provide for the cancellation of 
an election scheduled for the Lenoir School Board and to extend the term 
of office of two members of that Board. Referred to Committee on 

Calendar. 

S. B. 1409, by Senators Allen, Strickland and Stallings, a bill to adopt a 
revised private passenger automobile classification plan. Referred to 

Committee on Calendar. 

S. B. 1410, by Senators Lynwood Smith, Allen, Stallings, Hardison, Wil- 
liamson, Kirby, Blanchard, Robert J. Barker, Raynor, Folger, Royall, Knox, 
Saunders, Webster, McNeill Smith, Staton, Sharpe, Godwin, and Bagnal, a 
bill to amend the unearned premium reserve requirement for domestic title 
insurance companies. Referred to Committee on Calendar. 

S. B. 1411, by Senator Gudger, a bill to reduce the bond requirements of 
guardians and trustees by the amount of stocks, bonds, securities and 
savings on deposit with certain building and loan associations delivered by 
said guardians and trustees to the clerk of court. Referred to Com- 

mittee on Calendar. 

S. B. 1412, by Senators Gudger, Raynor, Henley and Williamson, a bill 
to provide for detention of juveniles on a statewide basis. Referred to 

Committee on Calendar. 

S. B. 1413, by Senator Strickland, a bill to amend General Statute 
25-2-318 as the same relates to third party beneficiaries of warranties ex- 
press or implied. Referred to Committee on Calendar. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and dis- 
posed of as follows: 

S. B. 1135, a bill to provide for the nomination, election, and compensation 
of members of the Edenton-Chowan Board of Education, for concurrence in 
the House amendment. Upon motion of Senator Godwin, the bill is 

placed on the Calendar for Tuesday, March 12, for concurrence in the 
House amendment. 



232 SENATE JOURNAL [Session 

S. B. 1191, a bill authorizing the establishment of a town liquor control 
store in the Town of Liberty, Randolph County, and providing for the 
allocation of the net proceeds from the operation of such store, for con- 
currence in the House amendment. Upon motion of Senator Saunders, 
the Senate concurs in the House amendment and the bill is ordered enrolled. 

H. B. 256, Committee Substitute for H. B. 256, a bill to amend the laws 
relating to pretrial criminal procedure. Referred to Committee on 

Calendar. 

H. B. 1012, Committee Substitute No. 2 for H. B. 1012, a bill to amend 
the North Carolina Boating Safety Act to conform to the requirements of 
the Federal Boat Safety Act of 1971. Referred to Committee on 

Calendar. 

H. B. 1304, Committee Substitute for H. B. 1304, a bill to regulate unfair 
use of the word wholesale and similar terms in merchandising. Re- 

ferred to Committee on Calendar. 

H. B. 1381, a bill to amend General Statute Section 47-41, entitled 
"Corporate Conveyances." Referred to Committee on Calendar. 

H. B. 1382, a bill to adopt a section known as General Statute 47-4.1 of 
the North Carolina General Statutes. Referred to Committee on 

Calendar. 

H. B. 1448, a bill to prohibit white lights on the rear of motor vehicle 
when in forward motion. Referred to Committee on Calendar. 

H. B. 1536, a bill relating to the status of board members of occupational 
licensing boards. Referred to Committee on Calendar. 

H. B. 1546, a bill to establish an advisory council to the State Board of 
Education to be called "The Council on Educational Services for Exceptional 
Children." Referred to Committee on Calendar. 

H. B. 1584, a bill to require the surrender of titles to salvage ve- 
hicles. Referred to Committee on Calendar. 

H. B. 1633, a bill to amend General Statute 20-28 pertaining to motor 
vehicle driver's license revocations. Referred to Committee on Calen- 

dar. 

H. B. 1637, a bill to amend General Statute 20-309 and General Statute 
20-311 to add the parent of a vehicle owner or the parent or the owner's 
spouse to a list of persons in whose name the vehicle may not be re-regis- 
tered. Referred to Committee on Calendar. 

H. B. 1661, a bill to provide for the removal of unauthorized motor vehicles 
from private and municipal parking lots in the City of Durham. Re- 

ferred to Committee on Calendar. 

H. B. 1662, a bill to amend the charter of the City of Durham, Chapter 
142, Section 13, Private Laws of 1921, with respect to giving notice for 



1974] SENATE JOURNAL 233 

special meetings of the Durham City Council. Referred to Committee 

on Calendar. 

H. B. 1709, a bill to define community action programs and manpower 
development programs for purposes of General Statute 160A-492 applicable 
to the City of Durham. Referred to Committee on Calendar. 

H. B. 1711, a bill to amend the charter of the City of Durham, Chapter 
142, Section 21, Private Laws of 1921, to permit the governing body of the 
City of Durham to authorize the City Manager to purchase real property 
upon certain prescribed conditions. Referred to Committee on Calendar. 

H. B. 1712, a bill to amend Chapter 428 of the Session Laws of 1969, as 
the same relates to General Statute 143-129 of the General Statutes con- 
cerning Durham purchasing contracts. Referred to Committee on 
Calendar. 

H. B. 1782, a bill to repeal Chapter 1139 of the 1959 Session Laws. 
Referred to Committee on Calendar. 

H. B. 1978, a bill relating to games of "bingo" and "skilo" in the Town 
of Henderson. Referred to Committee on Calendar. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

S. B. 1101, a bill to provide immunity from monetary liability for acts of 
members of medical review committees when performed within the scope of 
the functions of such committees. Passes its second and third readings 

and is ordered sent to the House of Representatives. 

S. B. 1146, a bill relating to the creation of a forest practices study com- 
mittee. Passes its second and third readings and is ordered sent to 
the House of Representatives. 

S. B. 1180, a bill to repeal General Statute 113-159 relating to contribution 
of oyster shells. Passes its second and third readings and is ordered 

sent to the House of Representatives. 

S. B. 1181, a bill to amend Part 7, Article 21 of Chapter 43 of the General 
Statutes relating to water and air quality reporting. Passes its second 

and third readings and is ordered sent to the House of Representatives. 

S. B. 1184, a bill amending Article 4 of Chapter 113 of the General 
Statutes relating to the authority of forest rangers and arrest powers of 
forest law enforcement officers and for other purposes. The bill passes 

its second reading. Upon objection of Senator Allsbrook to its third 

reading, the bill remains on the Calendar. 

S. B. 1207, a bill to amend General Statute 18A-34 concerning minors on 
the licensed premises. Upon motion of Senator Henley, the Committee 

amendment is adopted. The bill, as amended, passes its second and 



234 SENATE JOURNAL [Session 

third readings and is ordered engrossed and sent to the House of Represen- 
tatives. 

S. J. R. 1208, a joint resolution commemorating the life and memory of 
Joseph A. Smith. Passes its second and third readings and is ordered 

sent to the House of Representatives. 

S. B. 1209, a bill relating to regulation of emergency medical services. 
Upon motion of Senator Henley, consideration of the bill is postponed 
indefinitely. 

S. B. 1229, a bill to amend the Workmen's Compensation Act regarding 
the duration of benefits. Upon motion of Senator Henley, the Com- 

mittee amendment is adopted. The bill, as amended, passes its second 

reading. Upon objection of Senator Stallings to its third reading, the 

bill, as amended, remains on the Calendar. 

S. B. 1233, a bill to amend the Workmen's Compensation Act regarding 
the numerical exemption. The bill fails to pass its second reading. 

S. B. 1234, a bill to amend the Workmen's Compensation Act regarding 
the maximum amount of weekly benefits. Upon motion of Senator 

Staton, the Committee amendment is adopted. The bill, as amended, 

passes its second reading. Upon objection of Senator Alford to its 

third reading, the bill, as amended, remains on the Calendar. 

S. B. 1235, a bill to provide that medical expenses in asbestosis and 
silicosis cases shall come under the Workmen's Compensation Act. 
Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 1240, a bill to authorize the training and utilization of emergency 
medical technicians. Upon motion of Senator Lynwood Smith, the 

Committee amendment is adopted. The bill, as amended, passes its 

second and third readings and is ordered engrossed and sent to the House 
of Representatives. 

S. B. 1277, a bill to amend General Statute 143-63.1 relating to the dis- 
position of firearms. Passes its second and third readings and is 
ordered sent to the House of Representatives. 

S. J. R. 1292, a joint resolution authorizing a legislative commission to 
study the North Carolina Pesticide Law of 1971 and the North Carolina 
Structural Pest Law of 1955. Upon motion of Senator Allsbrook, 

consideration of the joint resolution is postponed until Tuesday, March 12. 

S. B. 1301, a bill amending the Rules of Civil Procedure to require a party 
taking a deposition to furnish a copy to the opposing party. Passes its 

second and third readings and is ordered sent to the House of Representa- 
tives. 

S. B. 1308, a bill to amend General Statute 143-215.99 to extend the date 
for requirement of oil refinery permits. Upon motion of Senator 

Taylor, consideration of the bill is postponed until Tuesday, March 12. 



1974] SENATE JOURNAL 235 

S. B. 1314, a bill to permit small electrical distribution companies to 
charge the same rates for the same services as the utility companies from 
which they purchase their electricity at wholesale. Upon motion of 

Senator Kirby, consideration of the bill is postponed until Tuesday, 
March 12. 

S. B. 1323, a bill to make a technical amendment in the law relating to 
application for ABC permit. Upon motion of Senator Coleman, con- 

sideration of the bill is postponed until Wednesday, March 13. 

S. B. 1334, a bill amending General Statute 45-12, relating to the sub- 
stitution of a trustee in a mortgage or deed of trust. Upon motion of 
Senator Strickland, the Committee amendment is adopted. The bill, as 
amended, passes its second and third readings and is ordered engrossed and 
sent to the House of Representatives. 

S. B. 1349, a bill to amend General Statute 62-133 (c) in order to grant to 
the North Carolina Utilities Commission the authority, in its discretion, to 
use a current as well as a past test period in establishing public utility 
rates. Senator Knox calls the previous question, seconded by Senator 

Godwin. The call is sustained. The bill passes its second read- 

ing. Upon objection of Senator Coleman to its third reading, the bill 

remains on the Calendar. 

S. J. R. 1400, a joint resolution establishing the joint special committee 
on gasoline allocation and distribution. Senator Knox calls the previous 

question, seconded by Senator Alford. The call is sustained. The 

joint resolution passes its second and third readings and is ordered sent to 
the House of Representatives, without objection, by special messenger. 

H. B. 1773, a bill relating to regulation of emergency medical services. 
Upon motion of Senator Henley, the Committee amendment is adopted. 
The bill, as amended, passes its second and third readings and is ordered 
sent to the House of Representatives for concurrence in the Senate amend- 
ment. 

Upon motion of Senator Allen, the Senate adjourns to meet tomorrow 
at 2:30 P.M. 



ONE HUNDRED THIRTY-SEVENTH DAY 

Senate Chamber, 
Tuesday, March 12, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by the Reverend Thomas L. Law, pastor of St. Paul's 
Christian Church, Raleigh. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found to 



236 SENATE JOURNAL [Session 

be correct, and upon his motion the reading of the Journal is dispensed with 
ar.d it stands approved as written. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 

of State : 

S. B. 1008, an act to ratify, approve, confirm and validate all proceedings 
take:: by the Board of Commissioners of the County of Jackson in connec- 
tion with the authorization of two hundred fifty thousand dollars ($250,000) 
water bonds and two hundred fifty thousand dollars ($250,000) sanitary 

sewer bonds of said County and the calling and holding of an election 

thereon. 

S. B. 1191. an act authorizing the establishment of a town liquor control 
store in the Town of Liberty. Randolph County, and providing for the 
allocation of the net proceeds from the operation cf such store. 

H. B. 1665. an act prohibiting the sale or offer of sale of immature apples 

REPORTS OF COMMITTEES 

B i 1 1 s and resolutions are reported from standing committees, read by their 
titles, together with the reports accompanying them, and take their place 
an the Calendar, as follows: 

By Senator Kirby, for the Committee on Finance: 

S. B. 1304. a bill to repeal the five thousand dollar i 35,000) limitation on 
medical expense deductions for income tax purposes, with a favorable report. 

S. B. 1370. a bill to validate the recording of certain maps in Avery 
County, with a favorable report. 

S. B. 1401. a bill to consolidate the governments of the City of Durham 
and Durham County and enact a charter for the consolidated government of 
Durham and Durham County subject to approval of the voters of Durham 
County, with a favorable report. Upon motion of Senator Royall, the 

rules are suspended, and the bill is placed on today's roll-call Calendar. 

EL B. 747. a bill to provide for annexation by cities of areas not con- 
tiguous to the corporate limits upon unanimous petition of the property 

owners in such areas, with a favorable report. 

H. B. 1243. a bill to exempt the house-to-house sale of magazines from 
sales tax. with a favorable report, as amended. 

H. B. 1353. Committee Substitute for H. B. 1353. a bill authorizing the 
register of deeds to record and file documents relating to persons, partner- 
ships, and corporations for business and other purposes in consolidated books 
or records, with a favorable reoort. 



1974] SENATE JOURNAL 237 

H. B. 1381, a bill to amend General Statutes Section 47-41, entitled 
"Corporate Conveyances," with a favorable report. 

H. B. 1382, a bill to adopt a section known as General Statute 47-4.1 of 
the North Carolina General Statutes, with a favorable report. 

H. B. 1434, Committee Substitute for H. B. 1434, a bill to repeal the 
provision in General Statute 105-228.5 which now allows taxation of domes- 
tic insurance companies primarily engaged in casualty insurance business 
as casualty companies, with a favorable report. 

H. B. 1448, a bill to prohibit white lights on the rear of motor vehicle 
when in forward motion, with a favorable report. 

H. B. 1512, a bill to exclude certain services from funeral expenses sub- 
ject to sales and use tax, with a favorable report. 

H. B. 1543, a bill to amend General Statute 90-95 (g) to include the 
Clinical Toxicological Lab, North Carolina Baptist Hospital, Winston-Salem, 
under the North Carolina Controlled Substances Act, with a favorable 
report. 

H. B. 1661, a bill to provide for the removal of unauthorized motor 
vehicles from private and municipal parking lots in the City of Durham, 
with a favorable report. 

H. B. 1662, a bill to amend the charter of the City of Durham, Chapter 
142, Section 13, Private Laws of 1921, with respect to giving notice for 
special meetings of the Durham City Council, with a favorable report. 

H. B. 1709, a bill to define community action programs and manpower 
development programs for purposes of General Statute 160A-492 applicable 
to the City of Durham, with a favorable report. 

H. B. 1711, a bill to amend the charter of the City of Durham, Chapter 
142, Section 21, Private Laws of 1921, to permit the governing body of City 
of Durham to authorize the city manager to purchase real property upon 
certain prescribed conditions, with a favorable report. 

H. B. 1712, a bill to amend Chapter 428 of the Session Laws of 1969, as 
the same relates to General Statute 143-129 of the General Statutes con- 
cerning Durham purchasing contracts, with a favorable report. 

H. B. 1956, a bill to make a technical amendment in the law relating to 
application for ABC permit, with a favorable report. 

By Senator Britt, for the Committee on Judiciary No. 2: 

S. B. 131, a bill to authorize the exercise of jurisdiction over marine 
resources in the Atlantic Ocean, with an unfavorable report as to bill, 
favorable as to Committee Substitute bill. Upon motion of Senator 

Britt, the rules are suspended, and the Committee Substitute bill is placed 
on today's Calendar. 

H. B. 1600, a bill to grant to the Commissioner limited power to extend 
use of registration plates in emergencies, without prejudice. Upon 



238 SENATE JOURNAL [Session 

motion of Senator Britt, the rules are suspended, and the bill is placed on 
the Calendar for immediate consideration. Upon motion of Senator 

Britt, the bill is postponed indefinitely. 

By Senator Gudger, for the Committee on Social Rehabilitation and Con- 
trol and Law Enforcement: 

S. B. 1142, a bill to amend General Statute 7A-286(5) relating to the 
commitment of juvenile delinquents to the Office of Youth Development, with 
a favorable report. 

S. J. R. 1268, a joint resolution creating the commission on criminal 
punishment and rehabilitation, with an unfavorable report as to joint resolu- 
tion, favorable as to Committee Substitute joint resolution. Upon mo- 
tion of Senator Gudger, the rules are suspended, and the Committee 
Substitute joint resolution is placed on today's calendar. 

S. B. 1311, a bill to amend General Statute 148-33.1 to provide for 
restitution by prisoners employed in the free community, with a favorable 
report. 

By Senator Rauch, for the Committee on State Government: 

S. B. 1149, a bill to make technical amendments to the law relating to 
the duties of the State Auditor, with a favorable report. 

S. J. R. 1178, a joint resolution authorizing the continuation of the Com- 
mittee on Housing established by Chapter 727, Session Laws of 1973, with 
a favorable report. 

S. B. 1313, a bill to amend General Statute 147-45 to include the Depart- 
ment of Social Rehabilitation and Control in the distribution of copies of 
State publications, with a favorable report. 

H. J. R. 764, a joint resolution requesting the Legislative Research Com- 
mission to study the merits of a North Carolina lifetime savings plan, 
without prejudice. Upon motion of Senator Rauch, the rules are 

suspended, and the joint resolution is placed on the Calendar for immediate 
consideration. Upon motion of Senator Rauch, the joint resolution is 

postponed indefinitely. 

By Senator Harrington, for the Committee on Transportation: 

S. B. 1303, a bill to amend the North Carolina Outdoor Advertising Con- 
trol Act, with a favorable report. 

S. B. 1372, a bill to authorize the development of a bicycle and bikeway 
program in the State of North Carolina, with a favorable report, as 
amended. Upon motion of Senator Harrington, the rules are suspended, 

and the bill is placed on today's Calendar. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of, 
as follows : 



1974] SENATE JOURNAL 239 

S. B. 1414, by Senators Raynor and Henley, a bill to authorize supple- 
mental compensation for Cumberland County law enforcement officers in- 
jured in line of duty. Referred to Committee on Calendar. 

S. B. 1415, by Senator Hughes, a bill to require a provision in all contracts 
with architects or engineers that all plans and drawings for State structures 
become the property of the State and may be used again with no compensa- 
tion paid for such use. Referred to Committee on Calendar. 

S. B. 1416, by Senator Robert J. Barker, a bill to be known as the inter- 
state corrections compact. Referred to Committee on Calendar. 

S. J. R. 1417, by Senators Hardison, Lynwood Smith, Strickland, Garrison, 
Stallings, Folger, and Raynor, a joint resolution directing the State Board 
of Education to conduct a study of existing public school maintenance 
programs and present recommendations to the 1975 General Assembly for 
improvement of such programs. Referred to Committee on Calendar. 

S. B. 1418, by Senator Gudger, a bill relating to the removal from office 
of registers of deeds and members of boards of county commissioners and to 
the appointment of a successor for registers of deeds and sheriffs. 
Referred to Committee on Calendar. 

S. B. 1419, by Senators Crawford and Mauney, a bill to provide for 
surveyors' liens. Referred to Committee on Calendar. 

S. B. 1420, by Senators Folger, Taylor and Allen, a bill to amend Article 
V of the Constitution of North Carolina to authorize the issuance of 
revenue bonds to finance industrial facilities including pollution control 
facilities, land or equipment related thereto. Referred to Committee 

on Calendar. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 793, Committee Substitute for H. B. 793, a bill to provide for 
uniform regulation of the bail bond business throughout the State. 
Referred to Committee on Calendar. 

H. B. 1460, a bill to defray the costs of reinstatement of a corporation 
suspended under General Statute 105-230. Referred to Committee on 

Calendar. 

H. B. 1638, a bill to amend General Statute 20-64 concerning refunds 
upon the surrender of an unexpired registration plate. Referred to 

Committee on Calendar. 

H. B. 1652, Committee Substitute for H. B. 1652, a bill to amend General 
Statute 87-43.3 and 87-44 in order to provide for the licensing of persons, 
firms or corporations to engage in the business of special restricted electrical 
contracting. Referred to Committee on Calendar. 



240 SENATE JOURNAL [Session 

H. B. 1790, a bill to annex territory to the Town of Mesic. Referred 

to Committee on Calendar. 

H. B. 1949, a bill to define the corporate limits of the Town of Hildebran 
by amending Chapter 433, Session Laws of 1973. Referred to Com- 

mittee on Calendar. 

H. B. 1973, a bill to authorize the Town of Ayden to make street and 
sidewalk improvements. Referred to Committee on Calendar. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

S. B. 131, Committee Substitute for S. B. 131, a bill to authorize the 
exercise of jurisdiction over marine resources in the Atlantic Ocean. 
Upon motion of Senator Britt, the Committee Substitute bill is adopted and 
remains on the Calendar. 

S. B. 659, a bill to amend Chapter 58 of the General Statutes to remove 
age discrimination in the fixing of rate classifications for automobile insur- 
ance, as amended, upon third reading. Senator Allen moves that the 
bill, as amended, be recommitted to the Committee on Insurance. Sena- 
tor Williamson moves the Senate adjourn until 2:30 tomorrow, which motion 
fails to prevail. The motion to recommit the bill, as amended, to the 
Committee on Insurance prevails. 

SPECIAL ORDER NO. 2 

S. B. 972, Committee Substitute for S. B. 972 

The hour having arrived for the consideration of Special Order No. 2, 
the President of the Senate lays before the Senate Special Order No. 2, it 
being Committee Substitute for S. B. 972, a bill relating to management of 
the coastal area of North Carolina. Upon motion of Senator Staton, 

consideration of the Committee Substitute bill is postponed until Wednesday, 
March 13, and is made Special Order No. 1 of the day. 

SPECIAL ORDER NO. 1 

S. B. 978, Committee Substitute for S. B. 978 

The hour having arrived for the consideration of Special Order No. 1, 
the President of the Senate lays before the Senate Special Order No. 1, it 
being Committee Substitute for S. B. 978, a bill to regulate contributions 
and expenditures in political campaigns, as amended, upon third read- 
ing. Senator Moore offers an amendment which is adopted. The 
amendment offered by Senator Gudger on March 8 fails of adoption. 
Senator Moore moves that the amendment offered by Senator Coleman on 
March 8 do lie upon the table, which motion prevails. Under Rule 27 
the amendment offered by Senator Deane on March 8 is divided into two 
parts. The first part of the amendment is adopted; the second part of 



1974] SENATE JOURNAL 241 

the amendment is withdrawn by Senator Deane. Senator Somers offers 

an amendment. Senator Garrison calls for the "ayes" and "noes" and 

the call is sustained. The amendment fails of adoption by roll-call vote, 

ayes 20, noes 24 as follows: Those voting in the affirmative are: Sena- 

tors Allsbrook, Bagnal, Bahakel, Robert J. Barker, Blanchard, Coleman, 
Crawford, Gudger, Horton, Hughes, Kincaid, Mullins, Murrow, Poovey, 
Rountree, Sharpe, Somers, Taylor, White, Wilkie — 20. Those voting 

in the negative are: Senators Alford, Bob L. Barker, Britt, Deane, Garrison, 
Godwin, Hardison, Harrington, Knox, Mauney, Mills, Moore, Rauch, Raynor, 
Royall, Saunders, Scott, Lynwood Smith, McNeill Smith, Stallings, Staton, 
Strickland, Webster, Williamson — 24. Senator Moore calls the pre- 

vious question, and calls for the "ayes" and "noes" on the third reading of 
the Committee Substitute bill, as amended. The call for the previous 

question is not sustained. Senator Gudger offers an amendment. 

Senator Moore calls for the "ayes" and "noes" and the call is sus- 
tained. The amendment is adopted by roll-call vote, ayes 34, noes 11, 
as follows: Those voting in the affirmative are: Senators Allsbrook, 
Bagnal, Bahakel, Bob L. Barker, Robert J. Barker, Blanchard, Britt, Butner, 
Crawford, Deane, Folger, Garrison, Gudger, Hardison, Harrington, Henley, 
Horton, Hughes, Mauney, Mills, Poovey, Raynor, Rountree, Royall, Saunders, 
Scott, Sharpe, Lynwood Smith, Somers, Stallings, Strickland, White, Wilkie, 
Williamson — 34. Those voting in the negative are: Senators Alford, 
Allen, Coleman, Moore, Mullins, Murrow, Rauch, McNeill Smith, Staton, 
Taylor, Webster — 11. Senator Gudger offers a second amendment 
which is adopted. Senator Moore calls the previous question on the 
third reading of the Committee Substitute bill, as amended. The call 
is sustained. The call for the "ayes" and "noes" is sustained. 
The Committee Substitute bill, as amended, passes its third reading by roll- 
call vote, ayes 46, noes 1, as follows: Those voting in the affirmative 
are: Senators Alford, Allsbrook, Bagnal, Bahakel, Bob L. Barker, Robert J. 
Barker, Blanchard, Britt, Butner, Coleman, Crawford, Deane, Garrison, 
Gudger, Hardison, Harrington, Henley, Horton, Hughes, Kincaid, Kirby, 
Knox, Mauney, Mills, Moore, Mullins, Murrow, Poovey, Rauch, Raynor, 
Rountree, Royall, Saunders, Scott, Sharpe, Lynwood Smith, McNeill Smith, 
Somers, Stallings, Staton, Strickland, Taylor, Webster, White, Wilkie, 
Williamson — 46. Voting in the negative is: Senator Folger — 1. 
The following pair is announced: Senators Allen "aye," Rhyne 
"no." The Committee Substitute bill, as amended, is ordered engrossed 
and sent to the House of Representatives. 

S. B. 1135, a bill to provide for the nomination, election, and compensation 
of members of the Edenton-Chowan Board of Education, for concurrence in 
the House amendment. Upon motion of Senator Godwin, the Senate 

concurs in the House amendment and the bill is ordered enrolled. 

S. J. R. 1268, Committee Substitute for S. J. R. 1268, a joint resolution 
creating the commission on sentencing, criminal punishment and rehabilita- 
tion. Upon motion of Senator Gudger, the Committee Substitute is 
adopted. Upon motion of Senator Gudger, the Committee Substitute 
joint resolution is re-referred to the Committee on Appropriations. 



242 SENATE JOURNAL [Session 

S. B. 1269, a bill to make Chapter 1206, Session Laws of 1965, Chapter 
815, Session Laws of 1967, and Chapter 1060, Session Laws of 1971, relating 
to bidding and disposition of redevelopment property, applicable to the City 
of New Bern. Passes its second and third readings and is ordered 

sent to the House of Representatives. 

S. B. 1271, a bill relating to the residence requirements of the City of 
Sanford Redevelopment Commission. Passes its second and third read- 

ings and is ordered sent to the House of Representatives. 

S. B. 1274, a bill to authorize an additional magistrate for Avery Coun- 
ty. Passes its second and third readings and is ordered sent to the 
House of Representatives. 

S. B. 1278, a bill to abolish the office of coroner in Pender County upon 
the expiration of the term of the present coroner. Passes its second 

and third readings and is ordered sent to the House of Representatives. 

S. B. 1305, a bill to amend Chapter 713 of the Session Laws of 1965, as 
amended, being the charter of the City of Charlotte, by deleting Chapter 
VIII relative to a recorder's court. Passes its second and third read- 

ings and is ordered sent to the House of Representatives. 

S. B. 1306, a bill to amend Chapter 713 of the Session Laws of 1965, as 
amended, being the charter of the City of Charlotte relating to eminent 
domain. Passes its second and third readings and is ordered sent to 

the House of Representatives. 

S. B. 1312, a bill to establish residence districts for the purpose of electing 
members of the Gates County Board of Education. Upon motion of 

Senator Godwin, the Committee amendment is adopted. The bill, as 

amended, passes its second and third readings and is ordered engrossed and 
sent to the House of Representatives. 

S. B. 1315, a bill to amend Chapter 79 of the Session Laws of 1965, re- 
lating to street and sidewalk improvements in the Town of Ayden, upon 
second reading. Upon motion of Senator White consideration of the 

bill is postponed until Friday, March 15. 

S. B. 1328, a bill to validate the election held in Plymouth on November 
6, 1973. Passes its second and third readings and is ordered sent to 

the House of Representatives. 

S. B. 1329, a bill to establish residence districts for the purpose of electing 
the Board of County Commissioners of Gates County. Upon motion of 

Senator Godwin, the Committee amendment is adopted. The bill, as 

amended, passes its second and third readings and is ordered engrossed and 
sent to the House of Representatives. 

S. B. 1330, a bill to provide for a nonpartisan election for members of the 
Board of Trustees of the Fairmont Administrative School Unit. The 

bill passes its second and third readings and is ordered sent to the House 
of Representatives. 



1974] SENATE JOURNAL 243 

S. B. 1331, a bill to provide for the election of the Red Springs Board of 
Education. Passes its second and third readings and is ordered sent 

to the House of Representatives. 

S. B. 1332, a bill to authorize and empower the County of Halifax to use 
county funds to construct a water line within the corporate limits of the 
Town of Halifax to enable the development of historic properties in said 
Town, upon second reading. The bill passes its second reading by 

roll-call vote, ayes 47, noes 0, as follows: Those voting in the affirma- 

tive are: Senators Alford, Allsbrook, Bagnal, Bahakel, Robert J. Barker, 
Blanchard, Britt, Butner, Coleman, Crawford, Deane, Folger, Garrison, 
Godwin, Gudger, Hardison, Henley, Horton, Hughes, Kincaid, Kirby, Knox, 
Mauney, Mills, Moore, Mullins, Murrow, Poovey, Rauch, Raynor, Rhyne, 
Rountree, Royall, Saunders, Scott, Sharpe, Lynwood Smith, McNeill Smith, 
Somers, Stallings, Staton, Strickland, Taylor, Webster, White, Wilkie, Wil- 
liamson — 47. The bill remains on the Calendar. 

S. B. 1336, a bill to abolish the office of coroner in Craven County. 
Senator Butner offers an amendment which is adopted. The bill, as 

amended, passes its second and third readings and is ordered engrossed and 
sent to the House of Representatives. 

S. B. 1339, a bill to amend the charter of the City of Greensboro, as 
revised and reorganized by Chapter 1137 of the Session Laws of 1959, and 
as amended, to grant authority for joint participation with Guilford County 
in community action programs. Passes its second and third readings 

and is ordered sent to the House of Representatives. 

S. B. 1352, a bill to authorize the Board of County Commissioners of 
Franklin County to establish terms of three years for the members of all 
boards, commissions, councils, committees or other bodies upon which the 
power of appointment has been conferred to the county commissioners. 
Upon motion of Senator Alford, the bill is recommitted to the Commitee on 
Local Government and Regional Affairs. 

S. B. 1366, a bill relating to the division of profits from liquor control 
stores in Durham County. Passes its second and third readings and 

is ordered sent to the House of Representatives. 

S. B. 1372, a bill to authorize the development of a bicycle and bikeway 
program in the State of North Carolina. Upon motion of Senator 

Harrington, the Committee amendment is adopted. Upon motion of 

Senator Harrington, the bill, as amended, is re-referred to the Committee 
on Appropriations. 

S. B. 1375, a bill to provide that the Tribal Council of the Eastern Band 
of Cherokee Indians in Jackson and Swain Counties shall be eligible for 
membership in regional planning commissions, economic development com- 
missions and regional councils of governments. Senator Taylor offers 
an amendment which is adopted. The bill, as amended, passes its 
second and third readings and is ordered engrossed and sent to the House 
of Representatives. 



244 SENATE JOURNAL [Session 

S. B. 1401, a bill to consolidate the governments of the City of Durham 
and Durham County and enact a charter for the consolidated government of 
Durham and Durham County subject to approval of the voters of Durham 
County, upon second reading. The bill passes its second reading by 

roll-call vote, ayes 47, noes 0, as follows: Those voting in the affirma- 

tive are: Senators Alford, Allsbrook, Bagnal, Bahakel, Robert J. Barker, 
Blanchard, Britt, Butner, Coleman, Crawford, Deane, Folger, Garrison, 
Godwin, Gudger, Hardison, Henley, Horton, Hughes, Kincaid, Kirby, Knox, 
Mauney, Mills, Moore, Mullins, Murrow, Poovey, Rauch, Raynor, Rhyne, 
Rountree, Royall, Saunders, Scott, Sharpe, Lynwood Smith, McNeill Smith, 
Somers, Stallings, Staton, Strickland, Taylor, Webster, White, Wilkie, Wil- 
liamson — 47. The bill remains on the Calendar. 

H. B. 1519, a bill prescribing the election of the Board of Education of 
Pender County. Passes its second and third readings and is ordered 

enrolled. 

H. B. 1593, a bill providing for the election of members of the Chapel 
Hill-Carrboro City Board of Education, and fixing their terms of office. 
Passes its second and third readings and is ordered enrolled. 

H. B. 1647, a bill relating to retirement benefits for employees of the City 
of Lincolnton in Lincoln County. Passes its second and third readings 

and is ordered enrolled. 

H. B. 1690, a bill to provide that all municipalities in Dare County shall 
have the powers of annexation contained in Chapter 160A of the General 
Statutes, upon second reading. The bill passes its second reading by 

roll-call vote, ayes 47, notes 0, as follows: Those voting in the affirma- 

tive are: Senators Alford, Allsbrook, Bagnal, Bahakel, Robert J. Barker, 
Blanchard, Britt, Butner, Coleman, Crawford, Deane, Folger, Garrison, 
Godwin, Gudger, Hardison, Henley, Horton, Hughes, Kincaid, Kirby, Knox, 
Mauney, Mills, Moore, Mullins, Murrow, Poovey, Rauch, Raynor, Rhyne, 
Rountree, Royall, Saunders, Scott, Sharpe, Lynwood Smith, McNeill Smith. 
Somers, Stallings, Staton, Strickland, Taylor, Webster, White, Wilkie, Wil- 
liamson — 47. The bill remains on the Calendar. 

H. B. 1691, a bill to provide for voluntary annexation by the Town of 
Manteo of areas, territories, or subdivisions not contiguous to the municipal 
boundaries of the Town of Manteo, upon second reading. The bill 

passes its second reading by roll-call vote, ayes 47, noes 0, as follows : 
Those voting in the affirmative are: Senators Alford, Allsbrook, Bagnal, 
Bahakel, Robert J. Barker, Blanchard, Britt, Butner, Coleman, Crawford, 
Deane, Folger, Garrison, Godwin, Gudger, Hardison, Henley, Horton, 
Hughes, Kincaid, Kirby, Knox, Mauney, Mills, Moore, Mullins, Murrow, 
Poovey, Rauch, Raynor, Rhyne, Rountree, Royall, Saunders, Scott, Sharpe, 
Lynwood Smith, McNeill Smith, Somers, Stallings, Staton, Strickland, 
Taylor, Webster, White, Wilkie, Williamson — 47. The bill remains on 

the Calendar. 



1974] SENATE JOURNAL 245 

H. B. 1702, a bill to provide for the election of the Caswell County Board 
of Education. Passes its second and third readings and is ordered 

enrolled. 

H. B. 1705, a bill to amend Chapter 713 of the 1965 Session Laws, being 
the charter of the City of Charlotte, relating to insurance premiums. 
Passes its second and third readings and is ordered enrolled. 

H. B. 1731, a bill to amend Chapter 890 of the 1971 Session Laws to 
bring two tracts of land within the corporate lands of the Minnesott Beach, 
upon second reading. The bill passes its second reading by roll-call 

vote, ayes 47, noes 0, as follows: Those voting in the affirmative are: 

Senators Alford, Allsbrook, Bagnal, Bahakel, Robert J. Barker, Blanchard, 
Britt, Butner, Coleman, Crawford, Deane, Folger, Garrison, Godwin, Gudger, 
Hardison, Henley, Horton, Hughes, Kincaid, Kirby, Knox, Mauney, Mills, 
Moore, Mullins, Murrow, Poovey, Rauch, Raynor, Rhyne, Rountree, Royall, 
Saunders, Scott, Sharpe, Lynwood Smith, McNeill Smith, Somers, Stallings, 
Staton, Strickland, Taylor, Webster, White, Wilkie, Williamson — 47. 
The bill remains on the Calendar. 

Upon motion of Senator Allen, the Senate adjourns to meet tomorrow at 
2:30 P.M. 



ONE HUNDRED THIRTY-EIGHTH DAY 

Senate Chamber, 
Wednesday, March 13, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Moore for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found to 
be correct, and upon his motion the reading of the Journal is dispensed with 
and it stands approved as written. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. J. R. 941, a joint resolution honoring Dr. Carey Hoyt Bostian, former 
Chancellor of North Carolina State University. 

S. J. R. 950, a joint resolution in appreciation of a gift from Mr. and 
Mrs. John R. Parker of a bronze bust of John Paul Jones to the State of 
North Carolina which will be on display at the Halifax State Historic Site. 



246 SENATE JOURNAL [Session 

S. B. 1135, an act to provide for the nomination, election, and compensa- 
tion of members of the Edenton-Chowan Board of Education. 

S. B. 1180, an act to repeal General Statute 113-159 relating to contribu- 
tion of oyster shells. 

H. B. 1519, an act prescribing the election of the Board of Education of 
Pender County. 

H. B. 1593, an act providing for the election of members of the Chapel 
Hill-Carrboro City Board of Education, and fixing their terms of office. 

H. B. 1647, an act relating to retirement benefits for employees of the 
City of Lincolnton in Lincoln County. 

H. B. 1702, an act to provide for the election of the Caswell County Board 
of Education. 

H. B. 1705, an act to amend Chapter 713 of the 1965 Session Laws, being 
the charter of the City of Charlotte, relating to insurance premiums. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their 
titles, together with the reports accompanying them, and take their place 
on the Calendar, as follows : 

By Senator Godwin, for the Committee on Banking: 

S. B. 1322, a bill to amend Chapter 53 of the General Statutes, entitled 
"Banks", by changing the word "restricted" to "qualified," with a favorable 
report. 

H. B. 1453, Committee Substitute for H. B. 1453, a bill to amend the 
North Carolina Consumer Finance Act, with a favorable report. 

By Senator Kirby, for the Committee on Calendar: 

S. B. 1390, a bill to amend Chapter 90 of the General Statutes to require 
certain physicians and hospitals to report certain wounds, injuries and ill- 
nesses, with a favorable report. 

S. B. 1410, a bill to amend the unearned premium reserve requirement for 
domestic title insurance companies, with a favorable report. 

S. B. 1414, a bill to authorize supplemental compensation for Cumberland 
County law enforcement officers injured in line of duty, with a favorable 
report. 

H. B. 1584, a bill to require the surrender of titles to salvage vehicles, 
with a favorable report. 

H. B. 1633, a bill to amend General Statute 20-28 pertaining to motor 
vehicle driver's license revocations, with a favorable report. 



1974] SENATE JOURNAL 247 

H. B. 1637, a bill to amend General Statute 20-309 and General Statute 
20-311 to add the parent of a vehicle owner or the parent of the owner's 
spouse to a list of persons in whose name the vehicle may not be registered, 
with a favorable report. 

H. B. 1638, a bill to amend General Statute 20-64 concerning refunds 
upon the surrender of an unexpired registration plate, with a favorable 
report. 

H. B. 1911, a bill to amend the Local Government Bond Act with respect 
to the maturity schedule of bonds by correcting a transcription error, with 
a favorable report. 

H. B. 1949, a bill to define the corporate limits of the Town of Hildebran 
by amending Chapter 433, Session Laws of 1973, with a favorable report. 

H. B. 1973, a bill to authorize the Town of Ayden to make street and 
sidewalk improvements, with a favorable report. 

H. B. 1977, a bill to amend General Statute 159-39 pertaining to public 
hospitals, with a favorable report. 

By Senator Alford, for the Committee on Education : 

S. B. 735, a bill to establish a licensing board for educational personnel, 
with an unfavorable report. 

S. B. 1245, a bill to authorize the boards of education and other public 
authorities to enter into certain contracts without complying with the pro- 
visions of Article 8 of Chapter 143 of the General Statutes, with a favorable 
report, as amended. 

S. J. R. 1343, a joint resolution advocating timely provision of federal 
funds for education, with a favorable report. 

H. B. 1714, a bill to amend General Statute 115-36 to permit local boards 
of education to include pupils attending kindergarten and third grade in 
rules and regulations county and city boards may adopt concerning the 
length of the school day for handicapped children, first and second grades, 
with a favorable report. 

By Senator McNeill Smith, for the Committee on Highway Safety: 

S. B. 867, a bill requiring the use of lamps and reflectors on bicycles, with 
a favorable report, as amended. 

S. B. 1125, a bill to amend General Statute 20-158 to permit right turns 
on red traffic signals, with a favorable report. 

H. B. 1402, a bill to correct a technical oversight in General Statute 
20-8(1) by striking "Army, Navy or Marine Corps" and inserting "Armed 
Forces," with a favorable report. 

By Senator Staton, for the Committee on Natural and Economic Re- 
sources: 



248 SENATE JOURNAL [Session 

S. J. R. 1073, a joint resolution creating a commission for the study of 
solid waste recycling, with an unfavorable report as to joint resolution, 
favorable as to Committee Substitute joint resolution. Upon motion of 

Senator Staton, the rules are suspended, and the Committee Substitute joint 
resolution is placed on today's Calendar. 

S. B. 1182, a bill to amend Article 13, Chapter 113 of the North Carolina 
General Statutes relating to enforcement authority of inspectors and pro- 
tectors, with a favorable report, as amended. 

S. B. 1185, a bill to amend Article 4, Chapter 113A of the North Carolina 
General Statutes relating to sedimentation pollution, with a favorable 
report, as amended. 

S. B. 1186, a bill to amend Article 15, Chapter 113 of the North Carolina 
General Statutes relating to penalties in regulation of coastal fisheries, with 
a favorable report, as amended. 

S. B. 1344, a bill authorizing the United States Forest Service to establish 
and maintain a public swimming area in the Neuse River opposite the 
recreation area of the Croatan National Forest, Craven County, with a 
favorable report. 

H. B. 1420, a bill to amend Article 13, Chapter 130 of the North Carolina 
General Statutes relating to water and sewer sanitation, without preju- 
dice. Upon motion of Senator Staton, the rules are suspended, and the 
bill is placed on the Calendar for immediate consideration. Upon mo- 
tion of Senator Staton, the bill is postponed indefinitely. 

H. J. R. 1547, a joint resolution creating the highway litter study com- 
mission, without prejudice. Upon motion of Senator Staton, the rules 
are suspended, and the joint resolution is placed on the Calendar for im- 
mediate consideration. Upon motion of Senator Staton, the joint 
resolution is postponed indefinitely. 

H. J. R. 1640, a joint resolution recognizing the problem of increased solid 
waste and the need for the establishment of appropriate facilities for the 
recovery and reuse of resources found in solid wastes, without preju- 
dice. Upon motion of Senator Staton, the rules are suspended, and the 
joint resolution is placed on the Calendar for immediate consideration. 
Upon motion of Senator Staton, the joint resolution is postponed indefinitely. 

H. B. 1641, a bill to amend Chapter 130 of the General Statutes to es- 
tablish a statewide resource recovery plan, without prejudice. Upon 
motion of Senator Staton, the rules are suspended, and the bill is placed 
on the Calendar for immediate consideration. Upon motion of Senator 
Staton, the bill is postponed indefinitely. 

By Senator Garrison, for the Committee on State Policies: 

S. B. 1374, a bill to authorize local governments to waive bid require- 
ments on purchases of petroleum products, with a favorable report. 



1974] SENATE JOURNAL 249 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

S. B. 1421, by Senator Knox, a bill to amend Chapter 66-58 of the General 
Statutes relating to business operations of campus stores at State-supported 
institutions. Referred to Committee on Calendar. 

S. B. 1422, by Senator Knox, a bill to amend General Statute 143-135.3 
relating to the procedure for settling controversies arising from con- 
tracts. Referred to Committee on Calendar. 

S. B. 1423, by Senator Bagnal, a bill to regulate cemeteries operated for 
private gain. Referred to Committee on Calendar. 

S. B. 1424, by Senator McNeill Smith, a bill to appropriate funds to the 
Department of Human Resources to be used by the Office of the Nutrition 
Coordinator. Referred to Committee on Calendar. 

S. B. 1425, by Senators Robert J. Barker and Moore, a bill regulating the 
business practices of credit bureaus in North Carolina. Referred to 

Committee on Calendar. 

S. B. 1426, by Senators Bob L. Barker, Knox, Mills, Rountree, Lynwood 
Smith, Garrison, Williamson and Kirby, a bill to amend General Statute 
20-183.7 relating to fees to be charged by safety equipment inspection sta- 
tions. Referred to Committee on Calendar. 

S. B. 1427, by Senator Hughes, a bill to authorize the establishment of a 
county police department in Avery County. Referred to Committee on 

Calendar. 

S. B. 1428, by Senator Taylor, a bill to transfer funds to Western North 
Carolina Specialty Hospital for renovation and alterations. Referred 

to Committee on Calendar. 

S. B. 1429, by Senators Rhyne, Mauney, Rauch, Horton, and Bagnal, a 
bill to appropriate funds to the Department of Human Resources to be 
used by the Division of Services for the Blind for the purpose of assuming 
the counties' share of the salaries, fringe benefits, and travel expenses of 
State employees located in the respective counties and for the purpose of 
assuming the cost of office space, clerical assistance, equipment, and supplies 
for said employees. Referred to Committee on Calendar. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and dis- 
posed of as follows: 

H. B. 1617, a bill to reduce the State privilege license tax upon the exhibit 
of riding devices from ten dollars ($10.00) per week to either five dollars 
($5.00) per week or two hundred dollars ($200.00) a year. Referred 

to Committee on Calendar. 



250 SENATE JOURNAL [Session 

H. B. 1842, a bill to amend Chapter 47 of the General Statutes relating 
to seals omitted from official deeds. Referred to Committee on Calendar. 

H. B. 1843, a bill to repeal General Statute 45-12 relating to certificate 
by clerk of superior court. Referred to Committee on Calendar. 

H. B. 1844, a bill to amend General Statute 45-18 relating to validation of 
certain acts of substituted trustees. Referred to Committee on Calen- 

dar. 

H. B. 1866, a bill to amend General Statute 159-48 (d) of the Local Gov- 
ernment Bond Act by providing that improvement of existing telephone 
services is a purpose for which bonds may be issued by a local government 
unit. Referred to Committee on Calendar. 

H. B. 1891, a bill relating to the medical examination of prisoners for 
tuberculosis and venereal diseases. Referred to Committee on Calendar. 

H. B. 1916, a bill to amend General Statute 20-81.1 relating to special 
plates for amateur and Class D citizen radio stations. Referred to Com- 

mittee on Calendar. 

H. B. 1974, a bill to validate certain civil proceedings involving guard- 
ians. Referred to Committee on Calendar. 

H. J. R. 1984, a joint resolution honoring the life and memory of Harry 
P. Horton. Referred to Committee on Calendar. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

SPECIAL ORDER NO. 1 

S. B. 972, Committee Substitute for S. B. 972 

The hour having arrived for the consideration of Special Order No. 1, 
the President of the Senate lays before the Senate Special Order No. 1, it 
being Committee Substitute for S. B. 972, a bill relating to management 
of the coastal area of North Carolina. Senator Staton offers an 

amendment which is adopted. Senators Staton, Rountree, McNeill 

Smith, Hardison, Strickland, Mills, Somers, Godwin, and Harrington debate 
the bill. Senator Strickland moves that Rule 14(a) be suspended, 

which motion prevails. Senator Staton calls the previous question and 

calls for the "ayes" and "noes." Senator Rountree seconds the call 

for the previous question. The call is sustained. Senator Knox 

moves that the Committee Substitute bill, as amended, be recommitted to 
the Committee on Natural and Economic Resources. Senator Knox 

offers a substitute motion that consideration of the Committee Substitute 
bill, as amended, be postponed until Thursday, March 14, which motion 
prevails. 



1974] SENATE JOURNAL 251 

S. J. R. 1073, Committee Substitute for S. J. R. 1073, a joint resolution 
creating a commission for the study of solid waste recycling. Upon 

motion of Senator Staton, the Committee Substitute is adopted and remains 
on the Calendar. 

S. B. 1184, a bill amending Article 4 of Chapter 113 of the General 
Statutes relating to the authority of forest rangers and arrest powers of 
forest law enforcement officers and for other purposes, upon third read- 
ing. Senator Crawford offers an amendment which is adopted. 
Upon motion of Senator Staton, consideration of the bill, as amended, is 
postponed until Thursday, March 14. 

S. B. 1304, a bill to repeal the five thousand dollar ($5,000) limitation 
on medical expense deductions for income tax purposes, upon second read- 
ing. The bill passes its second reading by roll-call vote, ayes 36, noes 
0, as follows: Those voting in the affirmative are: Senators Alford, 
Bagnal, Bob L. Barker, Robert J. Barker, Blanchard, Britt, Butner, Cole- 
man, Crawford, Folger, Gudger, Hardison, Harrington, Henley, Horton, 
Kirby, Mauney, Moore, Mullins, Murrow, Poovey, Rauch, Raynor, Rhyne, 
Royall, Scott, Sharpe, McNeill Smith, Stallings, Staton, Strickland, Taylor, 
Webster, White, Wilkie, Williamson — 36. The bill remains on the 
Calendar. 

S. B. 1332, a bill to authorize and empower the County of Halifax to use 
county funds to construct a water line within the corporate limits of the 
Town of Halifax to enable the development of historic properties in said 
Town, upon third reading. The bill passes its third reading by roll- 

call vote, ayes 44, noes 0, as follows: Those voting in the affirmative 

are: Senators Alford, Allsbrook, Bagnal, Bahakel, Bob L. Barker, Robert 
J. Barker, Blanchard, Britt, Butner, Coleman, Crawford, Deane, Folger, 
Garrison, Godwin, Gudger, Hardison, Harrington, Henley, Horton, Kincaid, 
Kirby, Knox, Mauney, Moore, Mullins, Murrow, Poovey, Rauch, Raynor, 
Rountree, Royall, Saunders, Sharpe, Lynwood Smith, McNeill Smith, Stall- 
ings, Staton, Strickland, Taylor, Webster, White, Wilkie, Williamson — 
44. The bill is ordered sent to the House of Representatives. 

S. B. 1370, a bill to validate the recording of certain maps in Avery 
County. Passes its second and third readings and is ordered sent to 

the House of Representatives. 

S. B. 1401, a bill to consolidate the governments of the City of Durham 
and Durham County and enact a charter for the consolidated government 
of Durham and Durham County subject to approval of the voters of Durham 
County, upon third reading. The bill passes its third reading by roll- 

call vote, ayes 44, noes 0, as follows: Those voting in the affirmative 

are: Senators Alford, Allsbrook, Bagnal, Bahakel, Bob L. Barker, Robert J. 
Barker, Blanchard, Britt, Butner, Coleman, Crawford, Deane, Folger, Gar- 
rison, Godwin, Gudger, Hardison, Harrington, Henley, Horton, Kincaid, 
Kirby, Knox, Mauney, Moore, Mullins, Murrow, Poovey, Rauch, Raynor, 
Rountree, Royall, Saunders, Sharpe, Lynwood Smith, McNeill Smith, Stall- 
ings, Staton, Strickland, Taylor, Webster, White, Wilkie, Williamson — 



252 SENATE JOURNAL [Session 

44. The bill is ordered sent to the House of Representatives, without 

objection, by special messenger. 

H. B. 747, a bill to provide for annexation by cities of areas not contiguous 
to the corporate limits upon unanimous petition of the property owners in 
such areas. Upon motion of Senator Kirby, consideration of the bill 

is postponed until Tuesday, March 19. 

H. B. 1661, a bill to provide for the removal of unauthorized motor ve- 
hicles from private and municipal parking lots in the City of Durham. 
Passes its second and third readings and is ordered enrolled. 

H. B. 1662, a bill to amend the charter of the City of Durham, Chapter 
142, Section 13, Private Laws of 1921, with respect to giving notice for 
special meetings of the Durham City Council. Passes its second and 

third readings and is ordered enrolled. 

H. B. 1690, a bill to provide that all municipalities in Dare County shall 
have the powers of annexation contained in Chapter 160A of the General 
Statutes, upon third reading. The bill passes its third reading by 

roll-call vote, ayes 44, noes 0, as follows: Those voting in the affirma- 

tive are: Senators Alford, Allsbrook, Bagnal, Bahakel, Bob L. Barker, 
Robert J. Barker, Blanchard, Britt, Butner, Coleman, Crawford, Deane, 
Folger, Garrison, Godwin, Gudger, Hardison, Harrington, Henley, Horton, 
Kincaid, Kirby, Knox, Mauney, Moore, Mullins, Murrow, Poovey, Rauch, 
Raynor, Rountree, Royall, Saunders, Sharpe, Lynwood Smith, McNeill 
Smith, Stallings, Staton, Strickland, Taylor, Webster, White, Wilkie, Wil- 
liamson — 44. The bill is ordered enrolled. 

H. B. 1691, a bill to provide for voluntary annexation by the Town of 
Manteo of areas, territories, or subdivisions not contiguous to the municipal 
boundaries of the Town of Manteo, upon third reading. The bill passes 

its third reading by roll-call vote, ayes 44, noes 0, as follows: Those 

voting in the affirmative are: Senators Alford, Allsbrook, Bagnal, Bahakel, 
Bob L. Barker, Robert J. Barker, Blanchard, Britt, Butner, Coleman, Craw- 
ford, Deane, Folger, Garrison, Godwin, Gudger, Hardison, Harrington, 
Henley, Horton, Kincaid, Kirby, Knox, Mauney, Moore, Mullins, Murrow, 
Poovey, Rauch, Raynor, Rountree, Royall, Saunders, Sharpe, Lynwood 
Smith, McNeill Smith, Stallings, Staton, Strickland, Taylor, Webster, White, 
Wilkie, Williamson — 44. The bill is ordered enrolled. 

H. B. 1709, a bill to define community action programs and manpower 
development programs for purposes of General Statute 160A-492 applicable 
to the City of Durham. Passes its second and third readings and is 

ordered enrolled. 

H. B. 1711, a bill to amend the charter of City of Durham, Chapter 142, 
Section 21, Private Laws of 1921, to permit the governing body of City of 
Durham to authorize the City Manager to purchase real property upon cer- 
tain prescribed conditions. Passes its second and third readings and 
is ordered enrolled. 



1974] SENATE JOURNAL 253 

H. B. 1712, a bill to amend Chapter 428 of the Session Laws of 1969, as 
the same relates to General Statute 143-129 of the General Statutes con- 
cerning Durham purchasing contracts. Passes its second and third 
readings and is ordered enrolled. 

H. B. 1731, a bill to amend Chapter 890 of the 1971 Session Laws to 
bring two tracts of land within the corporate lands of the Minnesott Beach, 
upon third reading. The bill passes its third reading by roll-call vote, 

ayes 44, noes 0, as follows: Those voting in the affirmative are: Sena- 

tors Alford, Allsbrook, Bagnal, Bahakel, Bob L. Barker, Robert J. Barker, 
Blanchard, Britt, Butner, Coleman, Crawford, Deane, Folger, Garrison, 
Godwin, Gudger, Hardison, Harrington, Henley, Horton, Kincaid, Kirby, 
Knox, Mauney, Moore, Mullins, Murrow, Poovey, Rauch, Raynor, Rountree, 
Royall, Saunders, Sharpe, Lynwood Smith, McNeill Smith, Stallings, Staton, 
Strickland, Taylor, Webster, White, Wilkie, Williamson — 44. The bill 

is ordered enrolled. 

Upon motion of Senator Moore, the Senate adjourns to meet tomorrow 
at 2:30 P.M. 



ONE HUNDRED THIRTY-NINTH DAY 

Senate Chamber, 
Thursday, March 14, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found to 
be correct, and upon his motion the reading of the Journal is dispensed with 
and it stands approved as written. 

enrolled bills 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary of 
State : 

H. B. 1661, an act to provide for the removal of unauthorized motor 
vehicles from private and municipal parking lots in the City of Durham. 

H. B. 1662, an act to amend the charter of the City of Durham, Chapter 
142, Section 13, Private Laws of 1921, with respect to giving notice for 
special meetings of the Durham City Council. 

H. B. 1690, an act to provide that all municipalities in Dare County shall 
have the powers of annexation contained in Chapter 160 A of the General 
Statutes. 



254 SENATE JOURNAL [Session 



H. B. 1691, an act to provide for voluntary annexation by the Town of 
Manteo of areas, territories, or subdivisions not contiguous to the municipal 
boundaries of the Town of Manteo. 

H. B. 1709, an act to define community action programs and manpower 
development programs for purposes of General Statute 160A-492 applicable 
to the City of Durham. 

H. B. 1711, an act to amend the charter of City of Durham, Chapter 142, 
Section 21, Private Laws of 1921, to permit the governing body of City of 
Durham to authorize the city manager to purchase real property upon 
certain prescribed conditions. 

H. B. 1712, an act to amend Chapter 428 of the Session Laws of 1969, 
as the same relates to General Statute 143-129 of the General Statutes 
concerning Durham purchasing contracts. 

H. B. 1731, an act to amend Chapter 890 of the 1971 Session Laws to 
bring two tracts of land within the corporate lands of the Minnesott Beach. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Williamson, for the Committee on Alcoholic Beverage Control : 

S. B. 1129, a bill authorizing the establishment of a town liquor control 
store in the Town of West Jefferson, North Carolina, upon a vote of the 
people and providing for the allocation of the net proceeds from the opera- 
tion of such store, with a favorable report, as amended. 

H. B. 132, a bill to specify the authority of local boards of alcoholic 
control to acquire and dispose of property, with a favorable report. 

By Senator Kirby, for the Committee on Calendar: 

S. B. 1404, a bill relating to the fees of the Board of Examiners in 
Optometry, with a favorable report. 

S. B. 1426, a bill to amend General Statute 20-183.7 relating to fees to 
be charged by safety equipment inspection stations, with a favorable report. 

H. B. 793, Committee Substitute for H. B. 793, a bill to provide for 
uniform regulation of the bail bond business throughout the State, with a 
favorable report. 

H. B. 1012, Committee Substitute No. 2 for H. B. 1012, a bill to amend 
the North Carolina Boating Safety Act to conform to the requirements 
of the Federal Boat Safety Act of 1971, with a favorable report. 

H. B. 1546, a bill to establish an advisory council to the State Board of 
Education to be called "The Council on Educational Services for Exceptional 
Children, " with a favorable report, as amended. 



1974J SENATE JOURNAL 255 

H. B. 1891, a bill relating to the medical examination of prisoners for 
tuberculosis and venereal diseases, with a favorable report. 

By Senator Knox, for the Committee on Courts and Judicial Districts. 

S. B. 1270, a bill to amend General Statute 7A-451 (b) relating- to appellate 
representation of indigent persons, with a favorable report. 

By Senator Britt, for the Committee on Judiciary No. 2: 

S. B. 1068, a bill to amend General Statute 108-73 so as to exempt chari- 
table operating orphanages from North Carolina licensing requirements, 
without prejudice. Opon motion of Senator Britt, the rules are sus- 

pended, and the bill is placed on the Calendar for immediate considera- 
tion. Upon motion of Senator Britt, the bill is postponed indefinitely. 

H. B. 114(5, Committee Substitute for H. B. 1140, a bill to amend General 
Statute 160 A- 101 so as to provide an additional mode of electing the 
governing body of municipalities, with a favorable report. 

H. B. 1380, a bill to amend General Statute 1-805 and General Statute 
1-310 to harmonize the time for issuance of executions with the provisions 
of Rule 02 of the Rules of Civil Procedure, with a favorable report, as 
amended. 

H. B. 1526, Committee Substitute for H. B. 1526, a bill to amend the 
powers and duties of the Governor to allow him to authorize the National 
Guard and/or Highway Patrol to remove vehicles that are blocking public 
vehicular areas, with a favorable report. 

By Senator Royall, for the Committee on Public Health and Resources: 

H. B. 1229, a bill to amend General Statute 110-118 to provide for the 
court to decide whether the custody of abused children shall be given to 
the Director of Social Services, with an unfavorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

S. B. 1430, by Senator Knox, a bill to amend General Statute 14-402 
relating to possession of weapons without a sheriff's permit. Referred 

to Committee on Calendar. 

S. B. 1431, by Senator Knox, a bill to amend General Statute 14-269.1 
relating to confiscation and disposition of deadly weapons. Referred to 

Committee on Calendar. 

S. B. 1432, by Senator Knox, a bill to prohibit possession of additional 
firearms by felons. Referred to Committee on Calendar. 

S. B. 1433, by Senators Bob L. Barker, Williamson, Garrison, and 
Webster, a bill to make certain amendments to Chapter 126 of the General 
Statutes relating to the State personnel system. Referred to Com- 

mittee on Calendar. 



256 SENATE JOURNAL | Session 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are reaa the first time and 
disposed of, as follows: 

H. B. 1516, Committee Substitute for H. B. 1516, a bill to amend the 
General Statutes relating to medical and disability benefits for teachers 
and State employees. Referred to Committee on Calendar. 

H. B. 1573, a bill removing the usury rate ceiling and pre-payment 
penalties on all first mortgage home loans until June 30. 1975. 
Referred to Committee on Calendar. 

H. J. R. 1696, a joint resolution directing study of creating public de- 
fenders office for Onslow County. Referred to Committee on Calendar. 

H. B. 1976, a bill to provide for an election in Tryon Township, Polk 
County, to ascertain the will of the voters as to whether the Tryon City 
Board of Education shall be elected. Referred to Committee on Cal- 

endar. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

S. B. 131, Committee Substitute for S. B. 131, a bill to authorize the 
exercise of jurisdiction over marine resources in the Atlantic Ocean. 
Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 589, Committee Substitute for S. B. 589, a bill to repeal Chapter 78 
of the General Statutes and to create a new Chapter 78 concerning 
securities law. Passes its second and third readings and is ordered 

sent to the House of Representatives. 

S. B. 867, a bill requiring the use of lamps and reflectors on bicycles. 
Upon motion of Senator McNeill Smith, the Committee amendment is 
adopted. Senator Rhyne offers an amendment which is adopted. 

Senator Rhyne moves that the bill, as amended, be re-referred to the Com- 
mittee on Highway Safety, seconded by Senator Horton. The motion 
prevails. 

SPECIAL ORDER NO. 1 

S. B, 972, Committee Substitute for S. B. 972 

The hour having arrived for the consideration of Special Order No. 1, 
the President of the Senate lays before the Senate Special Order No. 1. it 
being Committee Substitute for S. B. 972, a bill relating to management 
of the coastal area of North Carolina, as amended. Senator Godwin 

offers an amendment which is adopted. Senator Mills moves that the 

Committee Substitute bill, as amended, be re-referred to the Committee on 



1974| SENATE JOURNAL 257 

Judiciary No. 2, seconded by Senator Hardison. The motion fails to 

prevail. Senator Rountree offers an amendment which is adopted. 

Senator Mills calls for the "ayes" and "noes" on the second reading' of the 
Committee Substitute bill, as amended. Senator Mills offers an amend- 

ment which fails of adoption. Senator Hardison offers an amendment 

which fails of adoption. Senator Stallings offers an amendment which 

is adopted. The call for the "ayes" and "noes" on the second reading 

of the Committee Substitute bill, as amended, is sustained. The Com- 

mittee Substitute bill, as amended, passes its second reading by roll-call 
vote, ayes 37, noes 10, as follows: Those voting in the affirmative are: 

Senators Alford, Allen, Bagnal, Bahakel, Bob L. Barker, Robert J. Barker, 
Blanchard, Britt, Coleman, Deane, Garrison, Godwin, Henley, Horton, 
Hughes, Kincaid, Kirby, Knox, Moore, Mullins, Murrow, Poovey, Raynor, 
Rountree, Royall, Saunders, Scott, Sharpe, Lynwood Smith, McNeill Smith, 
Stallings, Staton, Taylor, Webster, White, Wilkie, Williamson — 37. 
Those voting in the negative are: Senators Allsbrook, Butner, Crawford, 
Folger, Gudger, Hardison, Mauney, Mills, Rhyne, Strickland — 10. 
Upon objection of Senator Mills to its third reading, the Committee Sub- 
stitute bill, as amended, remains upon the Calendar. Upon motion of 
Senator Staton, the Committee Substitute bill, as amended, is made Special 
Order No- 1 on tomorrow's Calendar. 

S. B. 1115, a bill to rewrite General Statute 148-26 declaring State policy 
on employment of persons serving sentences in the State prison system, 
as amended. Upon motion of Senator Gudger, consideration of the 

bill, as amended, is postponed until Monday, March 18. 

S. B. 1184, a bill amending Article 4 of Chapter 113 of the General 
Statutes relating to the authority of forest rangers and arrest powers of 
forest law enforcement officers and for other purposes, as amended, upon 
third reading. Senator Horton offers an amendment which is adopt- 

ed. The bill, as amended, passes its third reading and is ordered en- 

grossed and sent to the House of Representatives. 

S. B. 1214, a bill to amend General Statute 7A-451(a) and add General 
Statute 148-02.1 to provide counsel for indigents in certain parole revocation 
proceedings, as amended, upon third reading. The bill, as amended, 

passes its third reading and is ordered engrossed and sent to the House of 
Representatives. 

S. B. 1229, a bill to amend the Workmen's Compensation Act regarding 
the duration of benefits, as amended, upon third reading. Upon motion 

of Senator Staton, the vote by which the bill, as amended, passed its second 
reading is reconsidered. Upon motion of Senator Staton, the vote by 

which the amendment was adopted is reconsidered. Senator Staton 

withdraws the amendment. Senator Staton offers an amendment which 

is adopted. The bill, as amended, passes its second reading. Upon 

objection of Senator Stallings to its third reading, the bill, as amended, 
remains on the Calendar. 

S. B. 1234, a bill to amend the Workmen's Compensation Act regarding 
the maximum amount of weekly benefits, as amended, upon third read- 



258 SENATE JOURNAL (Session 

ing. The bill, as amended, passes its third reading and is ordered en- 

grossed and sent to the House of Representatives. 

S. B. 1304, a bill to repeal the five thousand dollar ($5,000) limitation on 
medical expense deductions for income tax purposes, upon third read- 
ing. The bill passes its third reading by roll-call vote, ayes 42, noes 0, 
as follows: Those voting in the affirmative are: Senators Alford, Allen. 
Allsbrook, Bagnal, Bahakel, Bob L. Barker, Robert J. Barker, Blanchard. 
Britt, Butner, Coleman, Crawford, Folger, Garrison. Godwin, Gudger. 
Hardison, Henley, Horton, Hughes, Kincaid, Kirby, Mauney, Mills, Moore, 
Mullins, Poovey, Rauch, Raynor, Rhyne, Royall, Saunders, Sharpe, Lynwood 
Smith, McNeill Smith, Stallings, Staton, Strickland. Taylor, White, Wilkie, 
Williamson — 42. The bill is ordered sent to the House of Repre- 
sentatives. 

S. B. 1414, a bill to authorize supplemental compensation for Cumberland 
County law enforcement officers injured in line of duty. Passes its 

second and third readings and is ordered sent to the House of Represen- 
tatives. 

H. B. 1911, a bill to amend the Local Government Bond Act with respect 
to the maturity schedule of bonds by correcting a transcription error, upon 
second reading. The bill passes its second reading" by roll-call vote, ayes 

44, noes 0, as follows: Those voting in the affirmative are: Senators 

Alford, Allen, Allsbrook, Bagnal, Bahakel, Bob L. Barker, Robert J. Barker. 
Blanchard, Britt, Butner, Coleman, Crawford, Folger, Garrison, Godwin. 
Gudger, Hardison, Henley, Horton, Hughes, Kincaid, Kirby. Knox, Mauney, 
Mills, Moore, Mullins, Murrow, Poovey, Rauch, Raynor, Rhyne, Royall. 
Saunders, Sharpe, Lynwood Smith, McNeill Smith. Stallings, Staton. Strick- 
land. Webster, White, Wilkie, Williamson — 44. The bill remains on 
the Calendar. 

H. B. 1949, a bill to define the corporate limits of the Town of Hildebran 
by amending Chapter 433, Session Laws of 1973, upon second reading. 
The bill passes its second reading by roll-call vote, ayes 40, noes 0, as 
follows: Those voting in the affirmative are: Senators Alford, Allen, 

Allsbrook, Bagnal, Bahakel, Bob L. Barker, Robert J. Barker. Blanchard, 
Britt, Butner, Coleman, Crawford, Garrison, Godwin. Gudger, Hardison, 
Harrington, Henley, Hughes, Kincaid, Knox, Mauney, Mills, Moore, Mullins, 
Poovey, Rauch, Raynor, Royall, Saunders, Sharpe, McNeill Smith, Stallings. 
Staton, Strickland, Taylor, Webster, White, Wilkie, Williamson — 40. 
The bill remains on the Calendar. 

H. B. 1973, a bill to authorize the Town of Ayden to make street and 
sidewalk improvements, upon second reading. The bill passes its second 

reading by roll-call vote, ayes 40, noes 0, as follows: Those voting in 

the affirmative are: Senators Alford, Allen, Allsbrook, Bagnal, Bahakel, 
Bob L. Barker, Robert J. Barker, Blanchard, Britt, Butner, Coleman, Craw- 
ford, Garrison, Godwin, Gudger, Hardison, Harrington, Henley, Hughes, 
Kincaid, Knox, Maunev, Mills, Moore. Mullins, Poovev, Rauch. Raynor. 



1974| SENATE JOURNAL 259 

Koyall, Saunders, Sharpe, McNeill Smith, Stallings, Staton, Strickland, 
Taylor, Webster, White, Wilkie, Williamson — 40. The bill remains on 

the Calendar. 

S. B. 1393, S. B. 140(5, S. B. 1411, S. B. 1412, S. B. 141(5, S. B. 1418, 
S. B. 14124, S. B. 1433, H. B. 1536, and H. B. 1860. Upon motion of 

Senator Kirby, the following; bills are taken from the Committee on Cal- 
endar and re-referred to Committees, as follows: 

S. B. 1303, a bill to ei\d franchise taxes on public in-service company, 
specifically amended, General Statute 105-11(5. Re-referred to Com- 

mittee on Finance. 

S. B. 140(5, a bill to amend General Statute 148-33.1 to permit inmates 
serving life sentences to become eligible for work release consideration after 
serving nine years. Re-referred to Committee on Social Rehabilitation 

and Control and Law Enforcement. 

S. B. 1411, a bill to reduce the bond requirements of guardians and trustees 
by the amount of stocks, bonds, securities and savings on deposit with cer- 
tain building and loan associations delivered by said guardians and trustees 
to the clerk of court. Re-referred to Committee on Judiciary No. 1. 

S. B. 1412, a bill to provide for detention of juveniles on a statewide 
basis. Re-referred to Committee on Social Rehabilitation and Control 

and Law Enforcement. 

S. B. 141(5, a bill to be known as the Interstate Corrections Compact. 
Re-referred to Committee on Social Rehabilitation and Control and Law 
Enforcement. 

S. B. 1418, a bill relating to the removal from office of registers of deeds 
and members of boards of county commissioners and to the appointment of 
a successor for registers of deeds and sheriffs. Re-referred to Com- 

mittee on Judiciary No. 1. 

S. B. 1424, a bill to appropriate funds to the Department of Human 
Resources to be used by the Office of the Nutrition Coordinator. Re- 

referred to Committee on Appropriations. 

S. B. 1433, a bill to make certain amendments to Chapter 12(5 of the 
General Statutes relating to the State personnel system. Re-referred 

to Committee on State Policies. 

H. B. 1536, a bill relating to the status of board members of occupational 
licensing- boards. Re-referred to Committee on Finance. 

H. B. 1866, a bill to amend General Statute 159-48(d) of the Local Gov- 
ernment Bond Act by providing that improvement of existing telephone 
services is a purpose for which bonds may be issued by a local government 
unit. Re-referred to Committee on Finance. 

Upon motion of Senator Allen, the Senate adjourns to meet tomorrow at 
8:30 A.M. 



260 SENATE JOURNAL [Session 

ONE HUNDRED FORTIETH DAY 

Senate Chamber, 
Friday, March 15, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Mr. W. Eugene Simmons, Reading Clerk. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found to 
be correct, and upon his motion the reading of the Journal is dispensed with 
and it stands approved as written. 

The President grants leaves of absence to Senators Rhyne, Rauch and 
Bahakel for today. 

H. B. 1573. Upon motion of Senator Kirby, H. B. 1573, a bill re- 

moving the usury rate ceiling and pre-payment penalties on all first mort- 
gage home loans until June 30, 1975, is taken from the Committee on 
Calendar and re-referred to the Committee on Banking. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. B. 1401, an act to consolidate the governments of the City of Durham 
and Durham County and enact a charter for the consolidated government of 
Durham and Durham County subject to aproval of the voters of Durham 
County. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Folger, for the Committee on Constitution: 

S. B. 428, a bill to amend the Constitution of North Carolina to empower 
the voters to elect the Governor and Lieutenant Governor for two consecu- 
tive terms, without prejudice. Upon motion of Senator Folger. the 
rules are suspended, and the bill is placed on the Calendar for immediate 
consideration. Upon motion of Senator Folger, the bill is postponed 
indefinitely. 

S. B. 670, a bill to amend the Constitution of North Carolina to permit 
the General Assembly to enact local legislation regulating trade in regard 
to the regulation and control of the use or sale of alcoholic beverages, with 
a favorable report. 

S. J. R. 829, a joint resolution endorsing a bill introduced in the United 
States House of Representatives calling for an amendment to the United 
States Constitution allowing states to lawfully regulate and restrict the 
practice of abortion, with an unfavorable report. 



1974| SENATE JOURNAL 261 

S. J. R. 842, a joint resolution of the House of Representatives and the 
Senate memorializing the Congress of the United States to call a Constitu- 
tional convention for the purpose of proposing an amendment to the Con- 
stitution of the United States authorizing voluntary prayers and Bible 
reading in the public schools of any state, with a favorable report. 

By Senator Strickland, for the Committee on Higher Education: 

S. B. 381, a bill to amend General Statute 116-143.1 to grant in-state 
tuition rates to the spouse of a North Carolina resident, with an unfavorable 
report as to bill, favorable as to Committee Substitute bill. Upon 

motion of Senator Strickland, the rules are suspended, and the Committee 
Substitute bill is placed on today's Calendar. 

By Senator Britt, for the Committee on Judiciary No. 2: 

S. B. 503, a bill to be known as the protection of the elderly act, with an 
unfavorable report as to bill, favorable as to Committee Substitute bill. 
Upon motion of Senator Britt, the rules are suspended, and the Committee 
Substitute bill is placed on today's Calendar. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows : 

S. B. 1434, by Senator Wilkie, a bill to permit law enforcement officers 
to purchase equipment used by them in line of duty when declared surplus 
by employing agency. Referred to Committee on Calendar. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the 
following bills and resolutions, which are read the first time and disposed 
of as follows : 

S. B. 1226, a bill pertaining to the modification of land records in the 
office of the register of deeds, for concurrence in the House amendment. 
Upon motion of Senator Kirby, the Senate concurs in the House amendment 
and the bill is ordered enrolled. 

H. B. 1739, a bill to amend Article 15 of Chapter 58 of the North 
Carolina General Statutes to prohibit kickbacks and rebates in the sale of 
title insurance. Referred to Committee on Calendar. 

H. B. 1761, a bill to amend General Statute 20-111(6) to specify a 
minimum fine for a violation thereof. Referred to Committee on 

Calendar. 

H. B. 1772, a bill to abolish the common law crime of suicide. Re- 

ferred to Committee on Calendar. 

H. B. 1783, Committee Substitute for H. B. 1783, a bill to amend Chapter 
96 of the General Statutes known as the Employment Security Law. 
Referred to Committee on Calendar. 



262 SENATE JOURNAL | Session 

H. B. 1808, a bill amending General Statute 24-14 relating- to loans 
secured by secondary or junior mortgages. Referred to Committee on 

Calendar. 

H. B. 1991, a bill to provide for compensation of members of the Bladen 
County Board of Education. Referred to Committee on Calendar. 

H. B. 2002, a bill to alternate terms of Chowan County Commissioners and 
fix the term of office at four years. Referred to Committee on Calendar. 

H. B. 2016, a bill to authorize the County Commissioners of Robeson, 
Hoke and Scotland Counties to fix the salary and other compensation for 
boards of education within their respective counties. Referred to Com- 

mittee on Calendar. 

H. B. 2028, a bill to amend General Statute 115-18 to provide for an 
additional member of the Hyde County Board of Education with such mem- 
ber being a resident of Ocracoke. Referred to Committee on Calendar. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 381, Committee Substitute for S. B. 381, a bill to amend General 
Statute 11(5-143.1 to grant in-state tuition rates to the spouse of a North 
Carolina resident. Upon motion of Senator Strickland, the Committee 

Substitute is adopted and remains on the Calendar. 

S. B. 503, Committee Substitute for S. B. 503, a bill to be known as the 
protection of the elderly act. Upon motion of Senator Britt, the Com- 

mittee Substitute is adopted and remains on the Calendar. 

S. B. 911, Committee Substitute for S. B. 911, a bill to provide for 
illegitimate children to inherit pursuant to the Intestate Succession Act, as 
amended. Upon motion of Senator Coleman, consideration of the 

Committee Substitute bill, as amended, is postponed until Wednesday, March 

20. 

SPECIAL ORDER NO. 1 
S. B. 972, Committee Substitute for S. B. 972 

The hour having arrived for the consideration of Special Order No. 1, 
the President of the Senate lays before the Senate Special Order No. 1, 
it being S. B. 972, Committee Substitute for S. B. 972, a bill relating to man- 
agement of the coastal area of North Carolina, as amended, upon third read- 
ing. Senator Strickland offers an amendment which is adopted. 
Senator Strickland offers a second amendment which is adopted. Sen- 
ator Strickland offers a third amendment which fails of adoption. 
Senator Mills moves that consideration of the Committee Substitute bill, as 
amended, be postponed until Tuesday, March 19, which motion prevails. 
Upon motion of Senator Poovey, the amendments are ordered engrossed 
into the Committee Substitute bill for a working copy. 



1974] SENATE JOURNAL 263 

S. J. R. 1073, Committee Substitute for S. J. R. 1073, a joint resolution 

creating a commission for the study of solid waste recycling. Passes 

its second and third readings and is ordered sent to the House of Repre- 
sentatives. 

S. B. 1125, a bill to amend General Statute 20-158 to permit right turns 
on red traffic signals. Passes its second and third readings and is 

ordered sent to the House of Representatives. 

S. B. 1129, a bill authorizing the establishment of a town liquor control 
store in the Town of West Jefferson, North Carolina, upon a vote of the 
people and providing for the allocation of the net proceeds from the opera- 
tion of such store. Upon motion of Senator Folger, the Committee 
amendment is adopted. The bill, as amended, passes its second and 
third readings and is ordered engrossed and sent to the House of Rep- 
resentatives. 

S. B. 1142, a bill to amend General Statute 7A-286(5) relating to the 
commitment of juvenile delinquents to the Office of Youth Develop- 
ment. Passes its second and third readings and is ordered sent to the 
House of Representatives. 

S. B. 1149, a bill to make technical amendments to the law relating to the 
duties of the State Auditor. Upon motion of Senator Knox, consid- 

eration of the bill is postponed until Tuesday, March 19. 

S. J. R. 1178, a joint resolution authorizing the continuation of the 
Committee on Housing established by Chapter 727, Session Laws of 
1973. Passes its second and third readings and is ordered sent to the 

House of Representatives. 

S. B. 1182, a bill to amend Article 13, Chapter 113 of the North Carolina 
General Statutes relating to enforcement authority of inspectors and pro- 
tectors. Upon motion of Senator Staton, the Committee amendment is 
adopted. The bill, as amended, passes its second reading. Senator 
Allsbrook objects to the third reading, and upon his motion the bill, as 
amended, is placed on the Calendar for Tuesday, March 19. 

S. B. 1185, a bill to amend Article 4, Chapter 113 A of the North Carolina 
General Statutes relating to sedimentation pollution. Upon motion of 

Senator Staton, the Committee amendments are adopted. Upon motion 

of Senator Allen, the bill, as amended, is recommitted to the Committee on 
Natural and Economic Resources. 

S. B. 1186, a bill to amend Article 15, Chapter 113 of the North Carolina 
General Statutes relating to penalties in regulation of coastal fisheries. 
Upon motion of Senator Staton, the Committee amendment is adopted. 
The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 1229, a bill to amend the Workmen's Compensation Act regarding 
the duration of benefits, as amended, upon third reading. Upon motion 

of Senator Stallings, consideration of the bill, as amended, is postponed 
until Tuesdav, March 19. 



264 SENATE JOURNAL [Session 

S. B. 1303, a bill to amend the North Carolina Outdoor Advertising 
Control Act. Upon motion of Senator Britt, consideration of the bill 

is postponed until Tuesday, March 19. 

S. B. 1315, a bill to amend Chapter 79 of the Session Laws of 1965, 
relating to street and sidewalk improvements in the Town of Ayden, upon 
second reading. Upon motion of Senator White, the bill is postponed 

indefinitely. 

S. B. 1349, a bill to amend General Statute 62-133 (c) in order to grant to 
the North Carolina Utilities Commission the authority, in its discretion, 
to use a current as well as a past test period in establishing public utility 
rates, upon third reading. Senator Coleman moves that the bill be 

recommitted to the Committee on Public Utilities. Senator Strickland 

makes a substitute motion that the bill be re-referred to the Committee on 
Judiciary No. 1. Senator Deane calls for the "ayes" and "noes," and 

the call is sustained. The motion to re-refer the bill to the Committee 

on Judiciary No. 1 fails to prevail by roll-call vote, ayes 10, noes 30 as 
follows: Those voting in the affirmative are: Senators Bob L. Barker, 

Robert J. Barker, Blanchard, Britt, Coleman, Deane, McNeill Smith, Strick- 
land, Taylor, Wilkie — 10. Those voting in the negative are: Senators 
Alford, Allen, Allsbrook, Bagnal, Butner, Crawford, Folger, Garrison, God- 
win, Hardison, Henley, Horton, Kirby, Knox, Mauney, Mills, Moore. Murrow. 
Poovey, Raynor, Royall, Saunders, Scott, Sharpe, Lynwood Smith, Stallings, 
Staton, Webster, White, Williamson — 30. Senator Knox calls the 
previous question, seconded by Senator Godwin. The call is sus- 
tained. Senator Deane calls for the "ayes" and "noes" on the third 
reading of the bill. The call is sustained. The bill passes its third 
reading by roll-call vote, ayes 32, noes 8, as follows: Those voting in 
the affirmative are: Senators Alford, Allen, Allsbrook, Bagnal, Bob L. 
Barker, Britt, Butner, Crawford, Folger, Garrison, Godwin, Hardison, 
Henley, Horton, Knox, Mauney, Mills, Moore, Murrow, Poovey, Raynor, 
Royall, Saunders, Scott, Sharpe, Lynwood Smith, Stallings, Staton, Webster, 
White, Wilkie, Williamson — 32. Those voting in the negative are: 
Senators Robert J. Barker, Blanchard, Coleman, Deane, Kirby, McNeill 
Smith, Strickland, Taylor — 8. The bill is ordered sent to the House 
of Representatives. 

S. B. 1376, a bill to amend General Statute 54-19 relating to loan com- 
mittees of savings and loan associations. Upon motion of Senator Allen, 
the bill is re-referred to the Committee on Banking. 

H. B. 793, Committee Substitute for H. B. 793, a bill to provide for uni- 
form regulation of the bail bond business throughout the State, upon 
second reading. Upon motion of Senator Kirby, the Committee Sub- 

stitute bill is placed on the Calendar for Tuesday, March 19. 

H. B. 1012, Committee Substitute No. 2 for H. B. 1012, a bill to amend 
the North Carolina Boating Safety Act to conform to the requirements of 
the Federal Boat Safety Act of 1971, upon second reading. Upon 

motion of Senator Kirby, the Committee Substitute No. 2 is placed on the 
Calendar for Tuesday, March 19. 



1974] SENATE JOURNAL 265 

H. B. 1911, a bill to amend the Local Government Bond Act with respect to 
the maturity schedule of bonds by correcting a transcription error, upon 
third reading - . The bill passes its third reading by roll-call vote, ayes 

37, noes 0, as follows: Those voting in the affirmative are: Senators 

Alford, Allen, Allsbrook, Bagnal, Bob L. Barker, Robert J. Barker, Blanch- 
ard, Britt, Butner, Crawford, Deane, Folger, Garrison, Godwin, Hardison, 
Henley, Horton, Hughes, Kirby, Knox, Mauney, Mills, Moore Murrow, 
Poovey, Raynor, Royall, Saunders, Sharpe, Lynwood Smith, McNeill Smith, 
Stallings, Staton, Strickland, Taylor, White, Williamson — 37. The bill 

is ordered enrolled. 

H. B. 1949, a bill to define the corporate limits of the Town of Hildebran 
by amending Chapter 433, Session Laws of 1973, upon third reading. 
The bill passes its third reading by roll-call vote, ayes 32, noes 0, as fol- 
lows: Those voting in the affirmative are: Senators Alford, Allen, 
Allsbrook, Bagnal, Bob L. Barker, Blanchard, Butner, Deane, Folger, Gar- 
rison, Godwin, Hardison, Henley, Horton, Kirby, Knox, Mauney, Mills, 
Moore, Murrow, Poovey, Raynor, Royall, Saunders, Sharpe, Lynwood Smith, 
McNeill Smith, Staton, Strickland, Taylor, Webster, White — 32. The 
bill is ordered enrolled. 

H. B. 1973, a bill to authorize the Town of Ayden to make street and side- 
walk improvements, upon third reading. The bill passes its third read- 
ing by roll-call vote, ayes 32, noes 0, as follows: Those voting in the 
affirmative are: Senators Alford, Allen, Allsbrook, Bagnal, Bob L. Barker, 
Blanchard, Butner, Deane, Folger, Garrison, Godwin, Hardison, Henley, 
Horton, Kirby, Knox, Mauney, Mills, Moore, Murrow, Poovey, Raynor, 
Royall, Saunders, Sharpe, Lynwood Smith, McNeill Smith, Staton, Strick- 
land, Taylor, Webster, White — 32. The bill is ordered enrolled. 

Upon motion of Senator Allen, the Senate adjourns to meet on Monday 
at 8:00 P.M. 



ONE HUNDRED FORTY-FIRST DAY 

Senate Chamber, 
Monday, March 18, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Royall for the Committee on Rules and Operation of the Senate 
announces that the Journal of Friday has been examined and is found to be 
correct, and upon his motion the reading of the Journal is dispensed with 
and it stands approved as written. 

The President grants leaves of absence to Senators Allsbrook, Lynwood 
Smith, Scott, Webster, and Wilkie for tonight. 



266 SENATE JOURNAL [Session 

The President recognizes the following pages serving in the Senate this 
week: Ray Coppedge, Asheville; Thomas Morrissey, Jr., Arden; Stephen 
Furr, Greensboi'o; Donna Smith, Raleigh; Tony Hartle, Winston-Salem; 
Desnee Wynn, Clinton; Polly Pierce, Durham; Vickie Suggs, Chadbourn; 
Phil Valentine, Nashville; Stephanie Pediaditakis, Raleigh; Martha Smith. 
Salisbury; Nancy Summers, Salisbury; Donna Sharpe, Raleigh; Ann Line- 
berger, Raleigh; Elizabeth Holding, Wake Forest; Deborah Lamm, Wilson; 
Julie Daniels, Raleigh; Abbe Townsend, Raleigh; Harry "Bub" Bagnal, Jr., 
Winston-Salem; Amy Smith, Goldsboro; Lewis "Chip" Lunsford, Asheville; 
Eugene "Skip" Gudger, Asheville; Clyde Dillon III, Raleigh; Christy Jane 
Waller, Kinston ; Mabel Geoghegan, Raleigh; Page Jones. Raleigh. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. B. 1271, an act relating to the residence requirements of the City of 
Sanford Redevelopment Commission. 

S. B. 1225, an act to rewrite General Statute 44A-24 pertaining to false 
written statements in connection with improvement of real property. 

S. B. 1226, an act pertaining to the modification of land records in the 
office of the register of deeds. 

S. B. 1242, an act validating the appointment of election officials in the 
Town of Fairmont. 

S. B. 1276, an act to amend General Statute 135-5, General Statute 135-3 
<ind General Statute 128-27 relating to certain retirement benefits. 

S. J. R. 1400, a joint resolution establishing the Joint Special Committee 
on Gasoline Allocation and Distribution. 

H. B. 1911, an act to amend the Local Government Bond Act with respect 
to the maturity schedule of bonds by correcting a transcription error. 

H. B. 1949, an act to define the corporate limits of the Town of Hildebran 
by amending Chapter 433, Session Laws of 1973. 

H. B. 1973, an act to authorize the Town of Ayden to make street and 
sidewalk improvements. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their 
titles, together with the reports accompanying them, and take their place 
on the Calendar, as follows: 

By Senator Stallings, for the Committee on Local Government and Re- 
gional Affairs: 



1974] SENATE JOURNAL 267 

S. B. 1345, a bill to amend Chapters 686 and 721, 1971 Session Laws, 
relating to the Civil Service Act of the City of High Point, with a favorable 
report. 

S. B. 1352, a bill to authorize the Board of County Commissioners of 
Franklin County to establish terms of three years for the members of all 
boards, commissions, councils, committees or other bodies upon which the 
power of appointment has been conferred to the County Commissioners, 
with a favorable report. 

H. B. 1468, a bill to classify and exclude from the tax base municipal 
parking- facilities, with a favorable report. 

H. B. 1587, a bill to revise and consolidate the charter of the Town of 
Hookerton, North Carolina, with a favorable report. 

H. B. 1719, a bill to amend Article 1 of the charter of the City of Eden 
as set forth in Chapter 967, Session Laws of 1967, with a favorable report. 

H. B. 1726, a bill to prohibit the taking of game from a section of Rural 
Road 1142 in Martin County, with a favorable report. 

H. B. 1732, a bill to amend Chapter 87, Session Laws of 1961, as amended, 
pertaining to the charter of the Town of Chapel Hill, with a favorable 
report. 

H. B. 1745, a bill to establish a lien and provide for the use of attachment 
and garnishment for collection of solid waste collection service charges in 
Guilford County, with a favorable report. 

H, B. 1749, a bill to empower Granville Hospital to use attachment and 
garnishment procedures for collecting unpaid bills, with a favorable report. 

H. B. 1771, a bill to amend Chapter 459 of the Session Laws of 1963 
relating to eligibility for supplemental retirement benefits for members of 
the fire department of the Town of Morganton, with a favorable report. 

H. B. 1776, a bill to authorize Tabor City to annex certain lands subject 
to approval by the citizens voting in referendum, with a favorable report. 

H. B. 1787, a bill deleting from the charter of the City of Winston-Salem 
certain outmoded and outdated provisions, with a favorable report. 

H. B. 1791, a bill to prohibit waterfowl hunting from certain roads and 
highways in Chowan County, with a favorable report. 

H. B. 1828, a bill authorizing the Davie County Board of Education to 
convey certain real property, with a favorable report. 

IT. B. 1834, a bill to amend Chapter 263 of the 1973 Session Laws relating 
to taxing districts in Guilford County, with a favorable report. 

H. B. 1835, a bill modifying the terms of office of certain members of the 
Burke County Board of Education, with a favorable report. 



268 SENATE JOURNAL [Session 

H. B. 1840, Committee Substitute for H. B. 1840, a bill to provide for 
staggered terms for La Grange Council members, with a favorable report. 

H. B. 1841, a bill to continue supplemental school taxes in Buncombe 
County, in effect after merger, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

S. J. R. 1435, by Senators Royall and Allen, a joint resolution proclaiming 
the week of July 1-6, 1974, as USA-USSR Week in North Carolina. 
Referred to Committee on Calendar. 

S. B. 1436, by Senator Bob L. Barker, a bill to provide distinctive registra- 
tion plates for ministers of religion. Referred to Committee on 
Calendar. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and dis- 
posed of, as follows: 

H. B. 289, Committee Substitute for H. B. 289, a bill to revise the General 
Statutes relating to the administration of decedent's estates. Referred 

to Committee on Calendar. 

H. B. 905, a bill to provide for inheritance by illegitimate children by. 
through and from their fathers where paternity has been established. 
Referred to Committee on Calendar. 

H. B. 1611, Committee Substitute for H. B. 1611, a bill to rewrite Chapter 
35, Article 7, of the General Statutes entitled "Persons with Mental Diseases 
and Incompetents." Referred to Committee on Calendar. 

H. B. 1648, Committee Substitute for H. B. 1648, a bill to amend the 
Workmen's Compensation Act regarding medical treatment. Referred 

to Committee on Calendar. 

H. J. R. 1651, a joint resolution honoring the talent, accomplishments and 
dedication of the North Carolina Teacher of the Year for 1974, Mrs. Frances 
Kiser. Upon motion of Senator Mauney, the rules arc suspended, and 

the joint resolution is placed on the Calendar for immediate considera- 
tion. Passes its second and third readings and is ordered enrolled. 

H. B. 1663, a bill to amend General Statute 163-137 to require different 
colors for each separate ballot in primary and general elections. Re- 

ferred to Committee on Calendar. 

H. B. 1670, a bill to permit a register of deeds to index limited partner- 
ship agreements solely in the name of the partnership. Referred to 
Committee on Calendar. 



1974| SENATE JOURNAL 269 

H. B. 1672, a bill to amend General Statute 58-61.2 to permit the use of 

credit card facilities in the solicitation of life and accident and health 

insurance and the collections of premiums therefor. Referred to Com- 
mtitee on Calendar. 

H. B. 1689, a bill to amend Chapter 93B of the General Statutes to pro- 
hibit an individual from being a member of more than one occupational 
licensing board. Referred to Committee on Calendar. 

H. B. 1743, a bill to amend General Statute 122-35.20 relating to popula- 
tion requirements in the establishment of area mental health programs. 
Referred to Committee on Calendar. 

H. B. 1757, Committee Substitute for H. B. 1757, a bill to prohibit pos- 
session of additional firearms by felons. Referred to Committee on 
Calendar. 

H. B. 1803, a bill to require motor carriers licensed in North Carolina 
to maintain minimum limits liability insurance of fifty thousand dollars 
($50,000) /one hundred thousand dolars ($100,000) /fifty thousand dollars 
($50,000). Referred to Committee on Calendar. 

H. B. 1824, a bill to amend General Statute 143-4 so as to enlarge the 
Advisory Budget Commission to include the Speaker of the House and the 
President Pro Tern of the Senate. Referred to Committee on Calendar. 

H. B. 1839, a bill to amend General Statute 20-183.2 relative to required 
safety equipment inspection. Referred to Committee on Calendar. 

H. B. 1868, a bill to amend Article 2 of Chapter 10(5 of the General 
Statutes, the Fertilizer Law of 1947, so as to provide that suits may be 
brought against the manufacturer of fertilizer for false and misleading 
statements made by the manufacturer, or his agents or representatives. 
Referred to Committee on Calendar. 

H. B. 1874, a bill to establish procedures for disposition of juveniles with 
mental disorders, retardation, or impairment. Referred to Committee 

on Calendar. 

H. B. 1877, a bill relating to certain members of the Teachers' and State 
Employees' Retirement System who were formerly members of the Law 
Enforcement Officers' Benefit and Retirement Fund. Referred to Com- 

mittee on Calendar. 

H. B. 2048, a bill revising the pay and allowances of members and officers 
of the General Assembly. Referred to Committee on Calendar. 

H. J. R. 2086, a joint resolution honoring the South Johnston High School 
Girls' Basketball Team. Upon motion of Senator Blanchard, the rules 

are suspended, and the joint resolution is placed on the Calendar for 
immediate consideration. Passes its second and third readings and is 

ordered enrolled. 



270 SENATE JOURNAL I Session 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 381, Committee Substitute for S. B. 381, a bill to amend General 
Statute 116-143.1 to grant in-state tuition rates to the spouse of a North 
Carolina resident. Passes its second and third readings and is ordered 

sent to the House of Representatives. 

S. B. 503, Committee Substitute for S. B. 503, a bill to be known as the 
Protection of the Elderly Act. Passes its second and third readings 

and is ordered sent to the House of Representatives. 

S. B. 670, a bill to amend the Constitution of North Carolina to permit 
the General Assembly to enact local legislation regulating trade in regard 
to the regulation and control of the use or sale of alcoholic beverages, upon 
second reading. Upon motion of Senator Mullins, consideration of the 

bill is postponed until Wednesday, March 20. 

S. J. R. 842, a joint resolution of the House of Representatives and the 
Senate memorializing the Congress of the United States to call a Consti- 
tutional Convention for the purpose of proposing an amendment to the 
Constitution of the United States authorizing voluntary prayers and Bible 
reading in the public schools of any state. Upon motion of Senator 

Moore, consideration of the joint resolution is postponed until Wednesday, 
March 20. 

S. B. 1115, a bill to rewrite General Statute 148-2fi declaring State policy 
on employment of persons serving sentences in the State prison system, as 
amended. Senator Gudger offers an amendment which is adopted. 

Senator Kincaid calls for the "ayes" and "noes." The call is sus- 

tained. The bill, as amended, passes its second reading by roll-call 

vote, ayes 24, noes 12, as follows: Those voting in the affirmative are: 

Senators Allen, Bob L. Barker, Robert J. Barker, Blanchard, Crawford, 
Deane, Folger, Garrison, Godwin, Gudger, Hardison, Harrington, Kirby, 
Knox, Mauney, Mills, Moore, Royall, Saunders, McNeill Smith, Stallings, 
Staton, Strickland, Williamson — 24. Those voting in the negative are: 

Senators Alford, Bagnal, Butner, Coleman, Horton, Hughes, Kincaid, Mul- 
lins, Poovey, Sharpe, Taylor, White — 12. Upon objection of Senator 
Robert J. Barker to its third reading, the bill, as amended, remains on the 
Calendar. 

S. B. 1239, a bill to authorize cities and counties to create environmental 
quality advisory boards. Upon motion of Senator Stallings, the Com- 

mittee amendment is adopted. The bill, as amended, passes its second 

and third readings and is ordered engrossed and sent to the House of 
Representatives. 

S. B. 1244, a bill to amend Chapter 134 of the General Statutes of North 
Carolina to provide for a child advocacy council within the Department of 
Youth Development. Senator Mills offers an amendment which is 



1974] SENATE JOURNAL 271 

adopted. The bill, as amended, passes its second and third readings 

and is ordered engrossed and sent to the House of Representatives. 

S. B. 1245, a bill to authorize the boards of education and other public- 
authorities to enter into certain contracts without complying with the pro- 
visions of Article 8 of Chapter 143 of the General Statutes. Upon 
motion of Senator Royall, the Committee amendments are adopted. The 
bill, as amended, passes its second and third readings and is ordered en- 
grossed and sent to the House of Representatives. 

S. B. 1270, a bill to amend General Statute 7A-451(b) relating to appellate 
representation of indigent persons. Passes its second and third read- 

ings and is ordered sent to the House of Representatives. 

S. J. R. 1292, a joint resolution authorizing a legislative commission to 
study the North Carolina Pesticide Law of 1971 and the North Carolina 
Structural Pest Law of 1955. Passes its second and third readings and 

is ordered sent to the House of Representatives. 

S. B. 1302, a bill to require boards of county commissioners to appoint 
members of municipal governing bodies when all seats become vacant. 
Upon motion of Senator Moore, consideration of the bill is postponed until 
Wednesday, March 20. 

S. B. 1308, a bill to amend General Statute 143-215.99 to extend the date 
for requirement of oil refinery permits. Upon motion of Senator 

Staton, the Commitee amendment is adopted. The bill, as amended, 

passes its second and third readings and is ordered engrossed and sent to 
the House of Representatives. 

S. B. 1311, a bill to amend General Statute 148-33.1 to provide for resti- 
tution by prisoners employed in the free community. Senator Coleman 
offers an amendment. Upon motion of Senator Horton, consideration 
of the bill and pending amendment is postponed until Tuesday, March 19. 

S. B. 1313, a bill to amend General Statute 147-45 to include the Depart- 
ment of Social Rehabilitation and Control in the distribution of copies of 
State publications. Passes its second and third readings and is ordered 

sent to the House of Representatives. 

S. B. 1314, a bill to permit small electrical distribution companies to 
charge the same rates for the same services as the utility companies from 
which they purchase their electricity at wholesale. The bill passes its 

second reading. Upon objection of Senator Kirby to its third reading, 

the bill remains on the Calendar. 

S. J. R. 1268, Committee Substitute for S. J. R. 1268. Upon motion 

of Senator Knox, Committee Substitute for S. J. R. 1268, a joint resolution 
creating the commission on sentencing, criminal punishment and rehabilita- 
tion, is taken from the Committee on Appropriations and re-referred to the 
Committee on Social Rehabilitation and Control and Law Enforcement. 

Upon motion of Senator Allen, the Senate adjourns to meet tomorrow at 
1:30 P.M. 



272 SENATE JOURNAL [Session 

ONE HUNDRED FORTY-SECOND DAY 

Senate Chamber, 
Tuesday, March 19, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Mr. W. Eugene Simmons, Reading Clerk. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found to 
be correct, and upon his motion the reading of the Journal is dispensed with 
and it stands approved as written. 

The President grants leaves of absence to Senators Wilkie and Webster 
for today. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary of 
State: 

H. J. R. 1651, a joint resolution honoring the talent, accomplishments and 
dedication of the North Carolina Teacher of the Year for 1974, Mrs. 
Francis Kiser. 

H. J. R. 2086, a joint resolution honoring the South Johnston High School 
Girls' Basketball Team. 

REPORTS OF 1 COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Kirby, for the Committee on Calendar: 

S. B. 1397, a bill to amend General Statute 18A-5(3) to authorize the 
expenditure of the five-cent add-on provided in that subsection for renova- 
tion of facilities used for education, research, treatment or rehabilitation of 
alcoholics, and to have the proceeds of the add-on not expended by the 
county commissioners for the purposes set out in that section revert to the 
Division of Mental Health Services of the Department of Human Resources, 
with a favorable report. 

S. B. 1408, a bill to provide for the cancellation of an election scheduled 
for the Lenoir School Board and to extend the term of office of two mem- 
bers of that Board, with a favorable report. 

S. B. 1434, a bill to permit law enforcement officers to purchase equipment 
used by them in line of duty when declared surplus by employing agency, 
with a favorable report. 



1974] SENATE JOURNAL 273 

H. B. 1648, Committee Substitute for H. B. 1648, a bill to amend the 
Workmen's Compensation Act regarding medical treatment, with a favor- 
able report. Upon motion of Senator Mauney, the Committee Substi- 
tute bill is re-referred to the Committee on Manufacturing, Labor and 
Commerce. 

By Senator Moore, for the Committee on Election Laws: 

II. B. 1427, a bill to amend General Statute 1(53-226 to authorize absentee 
ballots in all statewide elections involving referenda, constitutional amend- 
ments and other propositions submitted to the people, with a favorable 
report. 

II. B. 1551, a bill to amend General Statute 163-30, with a favorable 
report, as amended. 

By Senator Kirby, for the Committee on Finance: 

II. B„ 166, Committee Substitute for H. B. 166, a bill to rewrite Article 11 
of Chapter 90 of the General Statutes relating to veterinarians, with a 
favorable report. 

H. B. 463, Committee Substitute for H. B. 463, a bill to tax banks as 
other corporations, with a favorable report. 

H. B. 1521, a bill to classify and exclude from the ad valorem tax base 
dogs owned as pets and not used for the production of income, with a 
favorable report. 

H. B. 1(513, a bill to clarify and expand the provisions of Chapter 85B 
concerning the licensing and regulation of auctioneers and apprentice auc- 
tioneers, with a favorable report. 

H. B. 1631, a bill to amend General Statute 87-10 to raise the monetary 
limits for an intermediate general contractor license, with a favorable 
report. 

H. B. 1866, a bill to amend General Statute 159-48(d) of the Local 
Government. Bond Act by providing that improvement of existing telephone 
services is a purpose for which bonds may be issued by a local government 
unit, with a favorable report. 

By Senator McNeill Smith, for the Committee on Highway Safety: 

H. B. 1(536, a bill to amend General Statute 20-108 to make the section 
applicable to vehicle transmissions and to prescribe a minimum fine, with a 
favorable report, as amended. 

By Senator Allsbrook, for the Committee on Judiciary No. 1: 

S. B. 1123, a bill to amend General Statute 148-45 to include persons in 
the custody of the Department of Correction for safekeeping and for pre- 
sentence diagnostic study, with an unfavorable report as to bill, favorable 
as to Committee Substitute bill (as amended in Committee). Upon 

motion of Senator Allsbrook, the rules are suspended, and the Committee 
Substitute bill is placed on today's Calendar. 



274 SKNATE JOURNAL [Session 



By Senator Britt, for (ho Committee on Judiciary No. 2: 

S. B. L139, a hill to eliminate retroactively welfare liens and claims 
created pursuant to General Statute 108-29 prior to April 1(5, 1973, with a 
favorable report. 

S. B. 1316, a hill to enumerate the causes for impeachment, with an 
unfavorable report as to hill, favorable as to Committee Substitute bill. 
Upon motion of Senator Britt, the rules are suspended, and the Committee 
Substitute hill is placed on today's Calendar. 

H. B. 1379, a hill to amend Chapter 14 of the General Statutes of North 
Carolina by the addition of Section 14-118.4 to include the crime of extortion, 
with a favorable report. 

By Senator Rauch. for the Committee on State Government: 

S. B. 1106, a bill relating to the management of the emergency energy 
crisis of North Carolina, with a favorable report, as amended. Upon 

motion of Senator Rauch, the rules are suspended, and the bill, as amended, 
is placed on today's Calendar. 

S. B. 1307, a bill to amend Chapter 596 of the 1973 Session Laws to pro- 
vide for two Governor's appointees, four-year staggered terms, and other 
changes involving the members of the Archaeological Advisory Committee, 
with a favorable report. 

S. B. 1333, a bill to permit the lowering of the retail price of milk, with 
a favorable report. 



INTRODUCTION OP 1 BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

S. J. R. 1437, by Senators Godwin and Harrington, a joint resolution 
honoring the life, service and memory of Harry Tracy Wescott. Re- 

ferred to Committee on Calendar. 

S. B. 1438, by Senator Kirby, a bill to amend General Statute 55-52(i) 
of the Business Corporation Act to provide that treasury stock shall have 
rights to participate in stock dividends. Referred to Committee on 

( Calendar. 

S. B. 1439, by Senator Somers, a bill to amend General Statute 20-188 to 
provide that inspections of the Enforcement and Theft Bureau of the De- 
partment of Motor Vehicles shall have the arrest powers of members of the 
Highway Patrol. Referred to Committee on Calendar. 

S. B. 1440, by Senators Horton, Bagnal, Somers, McNeill Smith, Mauney, 
Sharpe, Harrington, Mullins, Crawford, Godwin, Gudger, Poovey, Blanchard, 
Britt, Kincaid, Royall, Moore, Coleman, Mills, Butner, Folger and Saunders, 
a bill to establish a voluntary North Carolina noise control program. 
Referred to Committee on Calendar. 



1974] SENATE JOURNAL 275 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and disposed 
of as follows: 

H. B. 1923, a bill to repeal General Statute 108-25(4) pertaining to aid to 
the aged and disabled lien agreements. Referred to Committee on 

Calendar. 

H. B. 1924, a bill to amend General Statute 20-17.1 pertaining to revoca- 
tion of driver's license of mental incompetents, alcoholics and habitual 
users of narcotic drugs to provide due process. Referred to Committee 

on Calendar. 

H. B. 1926, a bill to make amendments to the law relating to the duties 
of the State Auditor. Referred to Committee on Calendar. 

H. B. 1946, a bill authorizing the Department of Agriculture to control 
and eradicate the animal disease known as equine infectious anemia. 
Referred to Committee on Calendar. 

H. B. 1947, a bill to revise the term of office of one trustee of the board 
of trustees of local firemen's relief funds. Referred to Committee on 

Calendar. 

H. B. 1952, a bill authorizing counties to provide mass transit services to 
the end that counties and cities may cooperate in providing alternatives to 
private passenger automobiles. Referred to Committee on Calendar. 

H. J. R. 1975, a joint resolution honoring the world record track accom- 
plishments of University of North Carolina at Chapel Hill distance runner 
Tony Waldrop, and offering the General Assembly of North Carolina's 
encouragement for his continued success in future races. Upon motion 

of Senator Coleman, the rules are suspended, and the joint resolution is 
placed on the Calendar for immediate consideration. Passes its second 

and third readings and is ordered enrolled. 

H. J. R. 2065, a joint resolution honoring Carter Ray Suggs for his out- 
standing accomplishments in track and field. Upon motion of Senator 
White, the rules are suspended, and the joint resolution is placed on the 
Calendar for immediate consideration. Passes its second and third 
readings and is ordered enrolled. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 

follows: 

SPECIAL ORDER NO. 1 

S. B. 972, Committee Substitute for S. B. 972 

The hour having arrived for the consideration of Special Order No. 1, 
the President of the Senate lays before the Senate Special Order No. 1, it 



276 SENATE JOURNAL [Session 

being 1 Committee Substitute for S. B. 972, a bill relating to management of 
the coastal area of North Carolina, upon third reading. Senator Stal- 

lings moves that consideration of the Committee Substitute bill as Special 
Order No. 1 be postponed until Tuesday, March 26, seconded by Senator 
Williamson, which motion prevails. 

S. B. 1106, a bill relating to the management of the emergency energy 
crisis of North Carolina. Upon motion of Senator Rauch, the Com- 

mittee amendments are adopted. Senator Rauch moves that a working 

copy of the bill with amendments engrossed be prepared, which motion 
prevails. 

S. B. 1115, a bill to rewrite General Statute 148-26 declaring State policy 
on employment of persons serving sentences in the State Prison System, 
as amended, upon third reading. The bill, as amended, passes its third 

reading and is ordered engrossed and sent to the House of Representa- 
tives. Senator Raynor requests to be recorded as voting "no." 

S. B. 1123, Committee Substitute for S. B. 1123, a bill to amend General 
Statute 148-45 to include persons in the custody of the Department of 
Correction for safekeeping and for pre-sentence diagnostic study. 
Upon motion of Senator Allsbrook, the Committee Substitute is adopted and 
remains on the Calendar. 

S. B. 1149, a bill to make technical amendments to the law relating to the 
duties of the State Auditor. Passes its second and third readings and 

is ordered sent to the House of Representatives. 

S. B. 1182, a bill to amend Article 13, Chapter 113 of the North Carolina 
General Statutes relating to enforcement authority of inspectors and protec- 
tors, as amended, upon third reading. The bill, as amended, passes its 
third reading and is ordered engrossed and sent to the House of Repre- 
sentatives. 

S. B. 1229, a bill to amend the Workmen's Compensation Act regarding 
the duration of benefits, as amended, upon third reading. The bill, as 

amended, passes its third reading and is ordered engrossed and sent to the 
House of Representatives. 

S. B. 1303, a bill to amend the North Carolina Outdoor Advertising 
Control Act. Senator Britt offers an amendment which is adopted. 

Upon motion of Senator Moore, consideration of the bill, as amended, is 
postponed until Wednesday, March 20. 

S. B. 1311, a bill to amend General Statute 148-33.1 to provide for 
restitution by prisoners employed in the free community. Senator 

Coleman withdraws the amendment which he offered on March 18. 
Senator Horton offers an amendment which is adopted. Senator Somers 

offers an amendment which is adopted. The bill, as amended, passes 

its second reading. Upon objection of Senator Crawford to its third 

reading, the bill, as amended, remains on the Calendar. Upon motion of 

Senator Crawford, consideration of the bill, as amended, is postponed until 
Thursday, March 21. 



1974] SENATE JOURNAL 277 

S. B. 1314, a bill to permit small electrical distribution companies to 
charge the same rates for the same services as the utility companies from 
which they purchase their electricity at wholesale, upon third reading. 
The bill passes its third reading and is ordered sent to the House of 
Representatives. 

S. B. 1316, Committee Substitute for S. B. 1316, a bill to enumerate the 
causes for impeachment. Upon motion of Senator Britt, the Committee 

Substitute is adopted and remains on the Calendar. 

S. B. 1322, a bill to amend Chapter 53 of the General Statutes, entitled 
"Banks," by changing the word "restricted" to "qualified". Passes its 

second and third readings and is ordered sent to the House of Repre- 
sentatives. 

S. B. 1323, a bill to make a technical amendment in the law relating to 
application for ABC permit. Upon motion of Senator Coleman, con- 

sideration of the bill is postponed indefinitely. 

S. J. R. 1343, a joint resolution advocating timely provision of federal 
funds for education. Passes its second and third readings and is 

ordered sent to the House of Representatives. 

S. B. 1344, a bill authorizing the United States Forest Service to establish 
and maintain a public swimming area in the Neuse River opposite the 
recreation area of the Croatan National Forest, Craven County. Passes 

its second and third readings and is ordered sent to the House of Repre- 
sentatives. 

S. B. 1345, a bill to amend Chapters 686 and 721, 1971 Session Laws, 
relating to the Civil Service Act of the City of High Point. Passes 

its second and third readings and is ordered sent to the House of Repre- 
sentatives. 

S. B. 1352, a bill to authorize the Board of County Commissioners of 
Franklin County to establish terms of three years for the members of all 
boards, commissions, councils, committees or other bodies upon which the 
power of appointment has been conferred to the County Commissioners. 
Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 1353, a bill to amend General Statute 58-224.2 relating to the trans- 
fer of benefits of a deceased member of a mutual burial association. 
Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 1365, a bill to amend Article 1 of Chapter 74 of the General 
Statutes relating to mineral commodity reports. Passes its second and 

third readings and is ordered sent to the House of Representatives. 

S. B. 1374, a bill to authorize local governments to waive bid requirements 
on purchases of petroleum products. Senator Royall offers an amend- 

ment which is adopted. The bill, as amended, passes its second and 



278 SENATE JOURNAL [Session 

third readings and is ordered engrossed and sent to the House of Repre- 
sentatives. 

S. B. 1377, a bill regarding the publication of financial information by 
insurers. Passes its second and third readings and is ordered sent to 

the House of Representatives. 

S. B. 1390, a bill to amend Chapter 90 of the General Statutes to require 
certain physicians and hospitals to report certain wounds, injuries, and 
illnesses. The bill passes its second reading. Upon objection of 

Senator Allen to its third reading, the bill remains on the Calendar. 

S. B. 1392, a bill to amend General Statute 58-173.27 of the fair access to 
insurance requirements, being Article 18B, Chapter 58 of the General 
Statutes. Passes its second and third readings and is ordered sent to 

the House of Representatives. 

S. B. 1404, a bill relating to the fees of the Board of Examiners in 
Optometry. Passes its second and third readings and is ordered sent 

to the House of Representatives. 

S. B. 1410, a bill to amend the unearned premium reserve requirement 
for domestic title insurance companies. Passes its second and third 

readings and is ordered sent to the House of Representatives. 

S. B. 1426, a bill to amend General Statute 20-183.7 relating to fees 
to be charged by safety equipment inspection stations. Senator Bob L. 

Barker offers an amendment which is adopted. The bill, as amended, 

passes its second and third readings and is ordered engrossed and sent to 
the House of Representatives. 

H. B. 132, a bill to specify the authority of local boards of alcoholic 
control to acquire and dispose of property. Passes its second and third 

readings and is ordered enrolled. 

H. B. 338, Senate Committee Substitute for H. B. 338, a bill to authorize 
counties, cities and other units of local government to create purchase 
money security interests in real and personal property. Senator Gudger 

offers an amendment which is adopted. The Senate Committee Substi- 

tute bill, as amended, passes its second and third readings and is ordered 
sent to the House of Representatives for concurrence in the Senate Com- 
mittee Substitute bill, as amended. 

H. B. 747, a bill to provide for annexation by cities of areas not contiguous 
to the corporate limits upon unanimous petition of the property owners in 
such areas, upon second reading. Senator Kirby offers an amendment, 

held not to be material, which is adopted. The bill, as amended, passes 

its second reading by roll-call vote, ayes 30, noes 12, as follows: Those 

voting in the affirmative are: Senators Alford, Allsbrook, Bagnal, Britt, 
Butner, Crawford, Deane, Folger, Garrison, Godwin, Gudger, Hardison, 
Harrington, Henley, Kirby, Knox, Murrow, Poovey, Rauch, Raynor, Royall, 
Saunders, Scott, Sharpe, Lynwood Smith, McNeill Smith, Stallings, Staton, 
White, Williamson — 30. Those voting in the negative are: Senators 

Blanchard, Coleman, Horton, Hughes, Kincaid, Mauney, Moore. Mullins, 



1974] SENATE JOURNAL 279 

Rhyne, Somers, Strickland, Taylor — 12. The bill, as amended, re- 

mains on the Calendar. 

H. B. 793, Committee Substitute for H. B. 793, a bill to provide for 
uniform regulation of the bail bond business throughout the State, upon 
second reading. Senator Gudger offers an amendment, held not to 

be material, which is adopted. The Committee Substitute bill, as 

amended, passes its second reading by roll-call vote, ayes 29, noes 9, as 
follows: Those voting in the affirmative are: Senators Alford, Allen, 

Bagnal, Bahakel, Butner, Coleman, Deane, Folger, Garrison, Gudger, 
Hardison, Horton, Kirby, Knox, Mauney, Moore, Murrow, Poovey, Rauch, 
Raynor, Royall, Sounders, Scott, Sharpe, Lynwood Smith, Stalling, Staton, 
Strickland, White — 29. Those voting in the negative are: Senators 

Blanchard, Britt, Godwin, Henley, Kincaid, Mullins, Rhyne, Somers, Taylor 
— 9. Upon motion of Senator Britt, the Committee Substitute bill, as 

amended, is re-referred to the Committee on Judiciary No. 2. 

H. B. 1012, Committee Substitute No. 2 for H. B. 1012, a bill to amend 
the North Carolina Boating Safety Act to conform to the requirements of 
the Federal Boat Safety Act of 1971. Senator Knox moves that con- 

sideration of the Committee Substitute No. 2 be postponed until Thursday, 
March 21. Senator Rhyne offers a substitute motion that the Com- 

mittee Substitute No. 2 be re-referred to the Committee on Wildlife, which 
motion prevails. 

PI. B. 1138, Senate Committee Substitute for H. B. 1138, a bill to provide 
that copies of medical records shall be received in evidence as regular 
business records. Passes its second and third readings and is ordered 

sent to the House of Representatives for concurrence in the Senate Com- 
mittee Substitute bill. 

H. B. 1146, Committee Substitute for H. B. 1146, a bill to amend General 
Statute 160A-101 so as to provide an additional mode of electing the govern- 
ing body of municipalities. Passes its second and third readings and 
is ordered enrolled. 

H. B. 1228, a bill to amend Article 2, Part 5 of Chapter 108 of the 
General Statutes, to provide for recovery from certain persons funds paid 
for medical assistance. Upon motion of Senator Royall, the Committee 

amendment is adopted. The bill, as amended, passes its second and 

third readings and is ordered sent to the House of Representatives for 
concurrence in the Senate amendment. 

H. B. 1587, a bill to revise and consolidate the charter of the Town of 
Hookerton, North Carolina, upon second reading. The bill passes its 

second reading by roll-call vote, ayes 40, noes 0, as follows: Those 

voting in the affirmative are: Senators Alford, Allsbrook, Bagnal, Bahakel, 
Robert J. Barker, Blanchard, Britt, Butner, Coleman, Crawford, Folger, 
Garrison, Godwin, Gudger, Hardison, Harrington, Henley, Hughes, Kin- 
caid, Kirby, Mauney, Mills, Moore, Mullins, Poovey, Raynor, Rhyne, Royall, 
Saunders, Scott, Sharpe, Lynwood Smith, McNeill Smith, Somers, Stallings, 
Staton, Strickland, Taylor, White, Williamson — 40. The bill remains 

on the Calendar. 



280 SENATE JOURNAL [Session 

H. B. 1719, a bill to amend Article 1 of the charter of the City of Eden 
as set forth in Chapter 967, Session Laws of 1967, upon second read- 
ing. The bill passes its second reading by roll-call vote, ayes 40, noes 
0, as follows: Those voting in the affirmative are: Senators Alford, 
Allsbrook, Bagnal, Bahakel, Robert J. Barker, Blanchard, Britt, Butner, 
Coleman, Crawford, Folger, Garrison, Godwin, Gudger, Hardison, Harring- 
ton, Henley, Hughes, Kincaid, Kirby, Mauney, Mills, Moore, Mullins, 
Poovey, Raynor, Rhyne, Royall, Saunders, Scott, Sharpe, Lynwood Smith, 
McNeill Smith, Somers, Stallings, Staton, Strickland, Taylor, White, Wil- 
liamson — 40. The bill remains on the Calendar. 

H. B. 1726, a bill to prohibit the taking of game from a section of Rural 
Road 1142 in Martin County. Passes its second and third readings and 

is ordered enrolled. 

H. B. 1732, a bill to amend Chapter 87, Session Laws of 1961, as amended, 
pertaining to the charter of the Town of Chapel Hill. Passes its second 

and third readings and is ordered enrolled. 

H. B. 1745, a bill to establish a lien and provide for the use of attachment 
and garnishment for collection of solid waste collection service charges in 
Guilford County. Passes its second and third readings and is ordered 

enrolled. 

H. B. 1749, a bill to empower Granville Hospital to use attachment and 
garnishment procedures for collecting unpaid bills. Passes its second 

and third readings and is ordered enrolled. 

H. B. 1771, a bill to amend Chapter 459 of the Session Laws of 1963 
relating to eligibility for supplemental retirement benefits for members of 
the fire department of the Town of Morganton. Passes its second and 

third readings and is ordered enrolled. 

H. B. 1776, a bill to authorize Tabor City to annex certain lands subject 
to approval by the citizens voting in referendum, upon second reading. 
The bill passes its second reading by roll-call vote, ayes 40. noes 0, as 
follows: Those voting in the affirmative are: Senators Alford, Alls- 

brook, Bagnal, Bahakel, Robert J. Barker, Blanchard, Britt, Butner, Cole- 
man, Crawford, Folger, Garrison, Godwin, Gudger, Hardison, Harrington, 
Henley, Hughes, Kincaid, Kirby, Mauney. Mills, Moore, Mullins, Poovey, 
Raynor, Rhyne, Royall, Saunders, Scott, Sharpe, Lynwood Smith, McNeill 
Smith, Somers, Stallings, Staton, Strickland, Taylor, White, Williamson — 
40. The bill remains on the Calendar. 

H. B. 1787, a bill deleting from the charter of the City of Winston-Salem 
certain outmoded and outdated provisions, upon second reading. The 

bill passes its second reading by roll-call vote, ayes 40, noes 0, as 
follows: Those voting in the affirmative are: Senators Alford, Alls- 

brook, Bagnal, Bahakel, Robert J. Barker, Blanchard, Britt, Butner, Cole- 
man, Crawford, Folger, Garrison, Godwin, Gudger, Hardison, Harrington, 
Henley, Hughes, Kincaid, Kirby, Mauney, Mills, Moore, Mullins, Poovey. 
Raynor, Rhyne, Royall, Saunders, Scott, Sharpe, Lynwood Smith, McNeill 



1974J SENATE JOURNAL 281 

Smith, Somers, Stallings, Staton, Strickland, Taylor, White, Williamson — 
40. The bill remains on the Calendar. 

H. B. 1791, a bill to prohibit waterfowl hunting from certain roads and 
highways in Chowan County. Passes its second and third readings and 

is ordered enrolled. 

H. B. 1828, a bill authorizing the Davie County Board of Education to 
convey certain real property. Passes its second and third readings and 

is ordered enrolled. 

H. B. 1834, a bill to amend Chapter 2(>3 of the 1 ( J73 Session Laws relating 
to taxing districts in Guilford County. Passes its second and third 

readings and is ordered enrolled. 

H. B. 1835, a bill modifying the terms of office of certain members of 
the Burke County Board of Education. Passes its second and third 

readings and is ordered enrolled. 

H. B. 1840, Committee Substitute for H. B. 1840, a bill to provide for 
staggered terms for La Grange Council members. Passes its second 

and third readings and is ordered enrolled. 

H. B. 1841, a bill to continue supplemental school taxes in Buncombe 
County in effect after merger, upon second reading. The bill passes 

its second reading by roll-call vote, ayes 40, noes 0, as follows: Those 

voting in the affirmative are: Senators Alford, Allsbrook, Bagnal, Bahakel, 
Robert J. Barker, Blanchard, Britt, Butner, Coleman, Crawford, Folger, 
Garrison, Godwin, Gudger, Hardison, Harrington, Henley, Hughes, Kin- 
caid, Kirby, Mauney, Mills, Moore, Mullins, Poovey, Raynor, Rhyne, Royall, 
Saunders, Scott, Sharpe, Lynwood Smith, McNeill Smith, Somers, Stallings, 
Staton, Strickland, Taylor, White, Williamson — 40. The bill remains 

on the Calendar. 

H. B. 1956, a bill to make a technical amendment in the law relating to 
application for ABC permit. Passes its second and third readings and 

is ordered enrolled. 

CONFERENCE REPORT 

S. B. 157, Committee Substitute for S. B. 157 

Senator Allsbrook for the Conferees appointed to consider the differences 
arising between the Senate and House of Representatives upon Committee 
Substitute for S. B. 157, "a bill to amend General Statute 14-17, murder and 
punishment provided for murder, burglary and arson," submits the follow- 
ing report: 

To the President of the Senate and the Speaker of the House of Repre- 
sentatives : 

We, your Conference Committee appointed to consider and resolve the 
differences arising between the two Bodies on Committee Substitute for 
Senate Bill 157, "a bill to be entitled an act to amend General Statute 



282 SENATE JOURNAL [Session 

14-17, murder and punishment provided for murder, burglary and arson," 
wish to report as follows: 

The Conference Committee is unable to agree on resolution of the dif- 
ferences between the two houses. 

This the 19th day of March, 1974. 

Julian Allsbrook 
Phillip P. Godwin 
Lamar Gudger 
Conferees for the Senate 

John S. Stevens 

Gerald Arnold 

Kitchen Josey 

Conferees for the House of 

Representatives 

Upon motion of Senator Allsbrook, the Conference Report is adopted. 
Upon motion of Senator Allsbrook the Conferees are discharged. A 

message is ordered sent to the House of Representatives advising that 
Honorable Body of such action. 

S. B. 670. Upon motion of Senator Folger, S. B. 670, a bill to amend 

the Constitution of North Carolina to permit the General Assembly to enact 
local legislation regulating trade in regard to the regulation and control of 
the use or sale of alcoholic beverages, is taken from the Calendar for 
Wednesday, March 20, and re-referred to the Committee on Constitution. 

S. B. 1409, S. B. 1425, S. B. 1430, S. B. 1431, S. B. 1432. Committee 
Substitute for H. B. 256, H. B. 1663, H. B. 1672, H. B. 1761, Committee 
Substitute for H. B. 1783, and H. B. 1824. Upon motion of Senator 

Kirby, the following bills are taken from the Committee on Calendar and 
re-referred to Committees, as follows: 

S. B. 1409, a bill to adopt a revised private passenger automobile 
classification plan. Re-referred to Committee on Insurance. 

S. B. 1425, a bill regulating the business practices of credit bureaus in 
North Carolina. Re-referred to Committee on Banking. 

S. B. 1430, a bill to amend General Statutes 14-402 relating to possession 
of weapons without a sheriff's permit. Re-referred to Committee on 

Judiciary No. 1. 

S. B. 1431, a bill to amend General Statute 14-269.1 relating to confisca- 
tion and disposition of deadly weapons. Re-referred to Committee on 
Judiciary No. 1. 

S. B. 1432, a bill to prohibit possession of additional firearms by 
felons. Re-referred to Committee on Judiciarv No. 1. 



1974] SENATE JOURNAL 283 

H. B. 256, Committee Substitute for H. B. 256, a bill to amend the laws 
relating to pretrial criminal procedure. Re-referred to Committee on 

Judiciary No. 2. 

H. B. 1663, a bill to amend General Statute 163-136 to require different 
colors for each separate ballot in primary and general elections. Re- 

referred to Committee on Election Laws. 

H. B. 1672, a bill to amend General Statute 58-61.2 to permit the use of 
credit cards facilities in the solicitation of life and accident and health 
insurance and the collection of premiums therefor. Re-referred to 

Committee on Insurance. 

H. B. 1761, a bill to amend General Statute 20-111(6) to specify a 
minimum fine for a violation thereof. Re-referred to Committee on 

Judiciary No. 1. 

H. B. 1783, Committee Substitute for H. B. 1783, a bill to amend Chapter 
96 of the General Statutes known as the Employment Security Law. 
Re-referred to the Committee on Manufacturing, Labor and Commerce. 

H. B. 1824, a bill to amend General Statute 143-4 so as to enlarge the 
Advisory Budget Commission to include the Speaker of the House and the 
President Pro Tern of the Senate. Re-referred to the Committee on 

State Policies. 

On motion of Senator Allen, the Senate adjourns to meet tomorrow at 
2:00 P.M. 



ONE HUNDRED FORTY-THIRD DAY 

Senate Chamber, 
Wednesday, March 20, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found to 
be correct, and upon his motion the reading of the Journal is dispensed with 
and it stands approved as written. 

The President grants leave of absence to Senator Robert J. Barker for 
today. 

S. J. R. 1400, a joint resolution establishing the Joint Special Committee 
on Gasoline Allocation and Distribution. The President announces the 

appointment of the following Senators to the Joint Special Committee on 
Gasoline Allocation and Distribution: Senators Knox (Co-chairman), Gar- 
rison, Harrington, Folger, Henley, and Hardison. 



284 SENATE JOURNAL [Session 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. B. 915, an act to remove the requirement for a waiting period between 
the request for a voluntary sterilization and the performance of the opera- 
tion. 

S. B. 1366, an act relating to the division of profits from liquor control 
stores in Durham County. 

H. B. 132, an act to specify the authority of local boards of alcoholic con- 
trol to acquire and dispose of property. 

H. B. 1146, an act to amend General Statute 160A-101 so as to provide 
an additional mode of electing the governing body of municipalities. 

H. B. 1726, an act to prohibit the taking of game from a section of Rural 
Road 1142 in Martin County. 

H. B. 1732, an act to amend Chapter 87, Session Laws of 1961. as 
amended, pertaining to the charter of the Town of Chapel Hill. 

H. B. 1745, an act to establish a lien and provide for the use of attachment 
and garnishment for collection of solid waste collection service charges in 
Guilford County. 

H. B. 1749, an act to empower Granville Hospital to use attachment and 
garnishment procedures for collecting unpaid bills. 

H. B. 1771, an act to amend Chapter 459 of the Session Laws of 1963 re- 
lating to eligibility for supplemental retirement benefits for members of the 
fire department of the Town of Morganton. 

H. B. 1791, an act to prohibit waterfowl hunting from certain roads and 
highways in Chowan County. 

H. B. 1828, an act authorizing the Davie County Board of Education to 
convey certain real property. 

H. B. 1834, an act to amend Chapter 263 of the 1973 Session Laws re- 
lating to taxing districts in Guilford County. 

H. B. 1835, an act modifying the terms of office on certain members of the 
Burke County Board of Education. 

H. B. 1840, an act to provide for staggered terms for La Grange Council 
members. 

H. B. 1956, an act to make a technical amendment in the law relating to 
application for ABC permit. 

H. J. R. 1975, a joint resolution honoring the world record track ac- 
complishments of University of North Carolina at Chapel Hill distance 



1974J SENATE JOURNAL 285 

runner Tony Waldrop, and offering the General Assembly of North Caro- 
lina's encouragement for his continued success in future races. 

H. J. R. 2065, a joint resolution honoring Carter Ray Suggs for his out- 
standing accomplishments in track and field. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their 
titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 

By Senator Godwin, for the Committee on Banking: 

H. B. 1573, a bill removing the usury rate ceiling and pre-payment 
penalties on all first home mortgage loans until June 30, 1975, with a 
favorable report. 

By Senator Kirby, for the Committee on Calendar: 

S. B. 1380, a bill to amend the Soft Drink Tax Act to provide an optional 
method for paying the tax on soft drink syrups and powders, with an un- 
favorable report as to bill, favorable as to Committee Substitute bill. 
Upon motion of Senator Kirby, the rules are suspended, and the Committee 
Substitute bill is placed on the Calendar for today. 

S. B. 1396, a bill to provide for securing competitive proposals for leasing 
of space by the State, with a favorable report. 

S. B. 1422, a bill to amend General Statute 143-135.3 relating to the 
procedure for settling controversies arising from contracts, with a favorable 
report. 

S. B. 1438, a bill to amend General Statute 55-52 (i) of the Business 
Corporation Act to provide that treasury stock shall have rights to par- 
ticipate in stock dividends, with a favorable report. 

H. B. 905, a bill to provide for inheritance by illegitimate children by, 
through and from their fathers where paternity has been established, with 
a favorable report. 

H. B. 1304, Committee Substitute for H. B. 1304, a bill to regulate unfair 
use of the word wholesale and similar terms in merchandising, with a 
favorable report, as amended. 

H. B. 1396, a bill to amend General Statute 14-258.1 to apply to mental 
institutions, with a favorable report. 

H. B. 1739, a bill to amend Article 15 of Chapter 58 of the North Carolina 
General Statutes to prohibit kickbacks and rebates in the sale of title in- 
surance, with a favorable report, as amended. 

H. B. 1839, a bill to amend General Statute 20-183.2 relative to required 
safety equipment inspection, with an unfavorable report. 



286 SENATE JOURNAL [Session 

H. B. 1974, a bill to validate certain civil proceedings involving- guardians, 
with a favorable report. 

H. B. 1978, a bill relating to games of "bingo" and "skilo" in the Town 
of Henderson, with a favorable report. 

By Senator Alford, for the Committee on Education: 

S. J. R. 1098, a joint resolution encouraging county and city boards of 
education to involve teachers to the maximum feasible in the operations of 
the public schools, with a favorable report. 

S. B. 1141, a bill to amend General Statute 115-183 authorizing county 
and city boards of education which own and operate school buses to use 
these school buses for any school related activity, with a favorable report, 
as amended. 

S. J. R. 1321, a joint resolution to direct the Department of Public In- 
struction to find ways to improve reading performance among pupils in the 
public school system of North Carolina, without prejudice. Upon mo- 

tion of Senator Alford, the rules are suspended, and the joint resolution is 
placed on the Calendar for immediate consideration. Upon motion of 

Senator Alford, the joint resolution is postponed indefinitely. 

By Senator Moore, for the Committee on Election Laws: 

H. B. 1663, a bill to amend General Statute 163-136 to require different 
colors for each separate ballot in primary and general elections, with a 
favorable report. 

By Senator McNeill Smith, for the Committee on Highway Safety: 

S. B. 1096, a bill to amend General Statute 20-135.2 and other sections 
relative to required safety belts or passenger restraint systems, with an 
unfavorable report. 

S. B. 1320, a bill to amend General Statute 20-19 pertaining to period of 
suspension for D.U.I., with a favorable report, as amended. 

By Senator Staton, for the Committee on Natural and Economic Re- 
sources: 

S. B. 1183, a bill to amend Article 15, Chapter 113 of the General Statutes 
relating to the regulation of coastal fisheries, without prejudice. Upon 

motion of Senator Staton, the rules are suspended, and the bill is placed on 
the Calendar for immediate consideration. Upon motion of Senator 

Staton, the bill is postponed indefinitely. 

S. B. 1185, a bill to amend Article 4, Chapter 113A of the North Carolina 
General Statutes relating to sedimentation pollution, with a favorable re- 
port, as amended. 

By Senator Gudger, for the Committee on Social Rehabilitation and 
Control and Law Enforcement: 



1974) SENATE JOURNAL 287 

S. B. 35, a bill to amend General Statute 148-58 so as to require a 
prisoner serving a life sentence to serve twenty-five years before he is 
eligible for parole consideration, without prejudice (as amended in Com- 
mittee). Upon motion of Senator Gudger, the rules are suspended, and 
the bill is placed on the Calendar for immediate consideration. Upon 
motion of Senator Gudger, the bill is postponed indefinitely. 

S. J. R. 12(58, Committee Substitute for S. J. R. 1268, a joint resolution 
creating- the commission on sentencing, criminal punishment and rehabilita- 
tion, with an unfavorable report as to Committee Substitute joint resolution, 
favorable as to Committee Substitute No. 2. Upon motion of Senator 

Gudger, the rules are suspended, and the Committee Substitute No. 2 is 
placed on the Calendar for today. 

S. B. 1319, a bill to authorize the governing board of the Criminal Justice 
Academy to enter into certain contracts without complying with the pro- 
visions of Article 8 of Chapter 143 of the General Statutes, with a favorable 
report, as amended. 

S. B. 1406, a bill to amend General Statute 148-33.1 to permit inmates 
serving life sentences to become eligible for work release consideration after 
serving nine years, with a favorable report. 

By Senator Rauch for the Committee on State Government: 

S. B. 1285, a bill to provide that assistant clerks, deputy clerks, and other 
employees in the offices of the several clerks of superior court shall be 
subject to the provisions of the State Personnel Act, with an unfavorable 
report. 

H. B. 1094, a bill to amend General Statute 135-4 (a) so as to modify the 
provisions for creditable service, with a favorable report, as amended. 

By Senator Garrison, for the Committee on State Policies: 

S. J. R. 1299, a joint resolution requesting the managers of all places in 
which sporting and social events are held to play the National Anthem im- 
mediately prior to the commencement of any public sporting event or 
exhibition which is conducted or engaged in primarily for the entertainment 
of spectators, with a favorable report. 

S. B. 1364, a bill to prohibit smoking in elevators inspected by the State, 
with an unfavorable report. 

S. B. 1433, a bill to make certain amendments to Chapter 126 of the 
General Statutes relating to the State personnel system, with a favorable 
report, as amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

S. B. 1441, by Senator Kincaid, a bill to appoint members of the Caldwell 
County Board of Education and to provide for subsequent election of mem- 

10 



288 SENATE JOURNAL [Session 

bers of the Caldwell County Board of Education. Referred to Com- 

mittee on Calendar. 

S. B. 1442, by Senator Kirby, a bill to refine the terms house and 
building as used in the arson and other burnings statutes to include 
mobile homes and to make the crime of arson include the burning of a 
mobile home. Referred to Committee on Calendar. 

S. B. 1443, by Senator Alford, a bill to amend General Statute 115-10 as 
it relates to the per diem compensation of members of the State Board of 
Education. Referred to Committee on Calendar. 

S. J. R. 1444, by Senators Raynor, Royall, and Henley, a joint resolution 
for the appointment of a legislative study commission on design, con- 
struction and inspection of public facilities. Referred to Committee on 
Calendar. 

S. B. 1445, by Senators Knox, Garrison, Crawford, Kirby, Godwin, Mc- 
Neill Smith, Strickland, Bob L. Barker, Allen, and Mullins, a bill to amend 
the punishment imposed for burglary and arson. Referred to Com- 

mittee on Calendar. 

S. B. 1446, by Senators Rauch and Harrington, a bill to increase the 
allowable maximum gross weight of vehicles having five or more axles. 
Referred to Committee on Calendar. 

S. J. R. 1447, by Senator Strickland, a joint resolution urging the United 
States Congress to develop a national energy policy. Referred to Com- 

mittee on Calendar. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Represen- 
tatives : 

House of Representatives 
March 19, 1974 

Committee Substitute for S. B. 157 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the infor- 
mation that the House of Representatives has accepted the report of the 
Conferees on Committee Substitute for Senate Bill 157, "a bill to be en- 
titled an act to amend G. S. 14-17, murder and punishment provided for 
murder, burglary and arson." The Conference Committee is unable to 

agree on resolution of the differences between the two Houses, and the 
Conferees are discharged. 

Respectfully, 

Grace Collins 
Principal Clerk 



1974] SENATE JOURNAL 289 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and dis- 
posed of, as follows : 

H. B. 1054, Committee Substitute for H. B. 1054, a bill to rewrite General 
Statute 36-47, relating to establishment of common trust funds. Re- 

ferred to Committee on Calendar. 

H. B. 1056, Committee Substitute for H. B. 1056, a bill to amend Chapter 
148 of the General Statutes of North Carolina by the addition of Sections 
148-74.1 and 148-74.2. Referred to Committee on Calendar. 

H. B. 1610, a bill to entitle indigent mental defectives to legal represen- 
tation in sterilization proceedings. Referred to Committee on Calendar. 

H. B. 1764, Committee Substitute for H. B. 1764, a bill to amend General 
Statute 105-147 to allow a deduction for the cost of a seeing-eye dog. 
Referred to Committee on Calendar. 

H. B. 1900, a bill to amend General Statute 20-7 (f) so as to reward safe 
drivers by eliminating the requirement for taking written and road tests 
when applying for renewal of operator's license. Referred to Com- 

mittee on Calendar. 

H. B. 1927, a bill to clarify the qualification of appraisers in condemna- 
tion proceeding pursuant to Article 11, Chapter 160A of the General 
Statutes. Referred to Committee on Calendar. 

H. B. 1940, a bill to amend General Statute 108-45 to prohibit the use 
of lists of recipients of financial assistance or social services for political 
purposes. Referred to Committee on Calendar. 

H. B. 1966, a bill to amend General Statute 55-52 (i) of the Business 
Corporation Act to provide that treasury stock shall have rights to par- 
ticipate in stock dividends. Referred to Committee on Calendar. 

H. B. 1970, a bill to authorize the ABC Board of the Town of Mt. 
Pleasant to spend seven percent (T,'< ) of its profits for alcoholic rehabilita- 
tion. Referred to Committee on Calendar. 

H. B. 2060, a bill to permit the County Commissioners of Tyrrell County 
to appoint the Tyrrell County Board of Alcoholic Control. Referred to 

Committee on Calendar. 

H. B. 2061, a bill to provide for the cancellation of an election scheduled 
for the Lenoir School Board and to extend the term of office of two mem- 
bers of that Board. Referred to Committee on Calendar. 



290 SENATE JOURNAL I Session 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

S. J. R. 842, a joint resolution of the House of Representatives and the 
Senate memorializing the Congress of the United States to call a Constitu- 
tional Convention for the purpose of proposing an amendment to the Con- 
stitution of the United States authorizing voluntary prayers and Bible 
reading in the public schools of any state. Upon motion of Senator 

Wilkie, consideration of the joint resolution is postponed until Tuesday, 
March 26. 

S. B. 911, Committee Substitute for S. B. 911, a bill to provide for illegiti- 
mate children to inherit pursuant to the Intestate Succession Act, as 
amended. Upon motion of Senator Coleman, consideration of the Com- 

mittee Substitute bill, as amended, is postponed until Wednesday, March 27. 

S. B. 1106, a bill relating to the management of the emergency energy 
crisis of North Carolina, as amended. Upon motion of Senator Henley, 

consideration of the bill, as amended, is postponed until Thursday, March 21. 

S. B. 1123, Committee Substitute for S. B. 1123, a bill to amend General 
Statute 148-45 to include persons in the custody of the Department of 
Correction for safekeeping and for pre-sentence diagnostic study. The 

amendment offered by Senator Rhyne in Committee is adopted. The 

bill, as amended, passes its second and third readings and is ordered en- 
grossed and sent to the House of Representatives. 

S. B. 1139, a bill to eliminate retroactively welfare liens and claims 
created pursuant to General Statute 108-29 prior to April 16, 1973. 
Upon motion of Senator Raynor, consideration of the bill is postponed until 
Tuesday, March 26. 

S. J. R. 1268, Committee Substitute No. 2 for S. J. R. 1268. a joint reso- 
lution creating the commission on sentencing, criminal punishment and 
rehabilitation. Upon motion of Senator Gudger, the Committee Sub- 

stitute No. 2 is adopted. Upon motion of Senator Gudger, the Com- 

mittee Substitute No. 2 is re-referred to the Committee on Appropriations. 

S. B. 1302, a bill to require boards of county commissioners to appoint 
members of municipal governing bodies when all seats become vacant. 
Upon motion of Senator Hughes, consideration of the bill is postponed 
indefinitely. 

S. B. 1303, a bill to amend the North Carolina Outdoor Advertising Con- 
trol Act, as amended. Upon motion of Senator Hughes, consideration 
of the bill, as amended, is postponed until Friday, March 22. 

S. B. 1307, a bill to amend Chapter 596 of the 1973 Session Laws to pro- 
vide for two governor's appointees, four-year staggered terms, and other 
changes involving the members of the Archaeological Advisory Commit- 



1974] SENATE JOURNAL 291 

tee. Passes its second and third readings and is ordered sent to the 

House of Representatives. 

S. B. 1316, Committee Substitute for S. B. 1316, a bill to enumerate the 
causes for impeachment. Upon motion of Senator Deane, considera- 

tion of the Committee Substitute bill is postponed until Thursday, March 21. 

S. B. 1333, a bill to permit the lowering of the retail price of milk. 
Senator Horton moves that consideration of the bill be postponed until 
Tuesday, March 26. Senator White offers a substitute motion to 

re-refer the bill to the Committee on Agriculture. Senator White calls 

the previous question, duly seconded. The call is sustained. Sena- 

tor Horton calls for the "ayes" and "noes" on the substitute motion. 
The call is sustained. The substitute motion prevails by roll-call vote, 

ayes 24, noes 16, as follows: Those voting in the affirmative are: 

Senators Alford, Allen, Allsbrook, Bahakel, Bob L. Barker, Butner, Godwin, 
Gudger, Hardison, Harrington, Henley, Kirby, Mauney, Mills, Raynor, 
Royall, Saunders, Scott, Lynwood Smith, Stallings, Staton, Strickland, 
White, Williamson — 24. Those voting in the negative are: Senators 

Bagnal, Blanchard, Coleman, Folger, Horton, Hughes, Kincaid, Moore, Mul- 
lins, Morrow, Poovey, Rountree, Sharpe, Somers, Taylor, Wilkie — 16. 
The bill is re-referred to the Committee on Agriculture. 

S. B. 1380, Committee Substitute for S. B. 1380, a bill to amend the Soft 
Drink Tax Act to provide an optional method for paying the tax on soft 
drink syrups and powders. Upon motion of Senator Kirby, the Com- 

mittee Substitute is adopted and the Committee Substitute bill remains on 
the Calendar. 

S. B. 1390, a bill to amend Chapter 90 of the General Statutes to require 
certain physicians and hospitals to report certain wounds, injuries, and 
illnesses, upon third reading. Senator Coleman offers an amendment 

which is adopted. The bill, as amended, passes its third reading and 

is ordered engrossed and sent to the House of Representatives. 

S. B. 1397, a bill to amend General Statute 18A-5(3) to authorize the 
expenditure of the five-cent add-on provided in that subsection for renova- 
tion of facilities used for education, research, treatment or rehabilitation of 
alcoholics, and to have the proceeds of the add-on not expended by the 
county commissioners for the purposes set out in that section revert to the 
Division of Mental Health Services of the Department of Human Re- 
sources. Senator Raynor offers an amendment which is adopted. 
The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 1408, a bill to provide for the cancellation of an election scheduled 
for the Lenoir School Board and to extend the term of office of two mem- 
bers of that Board. Passes its second and third readings and is 
ordered sent to the House of Representatives. 

S. B. 1434, a bill to permit law enforcement officers to purchase equipment 
used by them in line of duty when declared surplus by employing agen- 



292 SENATE JOURNAL [Session 

cy. Passes its second and third readings and is ordered sent to the 

House of Representatives. 

H. B. 166, Committee Substitute for H. B. 166, a bill to rewrite Article 11 
of Chapter 90 of the General Statutes relating to veterinarians, upon second 
reading. Upon motion of Senator Kirby, consideration of the Com- 

mittee Substitute bill is postponed until Wednesday, March 27. 

H. B. 463, Committee Substitute for H. B. 463, a bill to tax banks as other 
corporations, upon second reading. Upon motion of Senator Kirby, 

consideration of the Committee Substitute bill is postponed until Tuesday, 
March 26. 

H. B. 747, a bill to provide for annexation by cities of areas not contiguous 
to the corporate limits upon unanimous petition of the property owners in 
such areas, as amended, upon third reading. The bill, as amended, 

passes its third reading by roll-call vote, ayes 32, noes 5, as follows: 
Those voting in the affirmative are: Senators Alford, Allen, Allsbrook, 
Bagnal, Bob L. Barker, Blanchard, Butner, Coleman, Crawford, Deane, 
Garrison, Godwin, Gudger, Hardison, Harrington, Henley, Horton, Hughes, 
Kirby, Knox, Poovey, Rauch, Raynor, Royall, Saunders, Sharpe, Somers, 
Staton, Taylor, White, Wilkie, Williamson — 32. Those voting in the 

negative are: Senators Kincaid, Mauney, Moore, Mullins, Rhyne — 5. 
The bill, as amended, is ordered sent to the House of Representatives for 
concurrence in the Senate amendment. 

H. B. 1243, a bill to exempt the house-to-house sale of magazines from 
sales tax. Upon motion of Senator Gudger, the Committee amendment 

is adopted. The bill, as amended, passes its second reading. Upon 

objection of Senator Somers to its third reading, the bill, as amended, re- 
mains on the Calendar. 

H. B. 1353, Committee Substitute for H. B. 1353, a bill authorizing the 
register of deeds to record and file documents relating to persons, partner- 
ships, and corporations for business and other purposes in consolidated 
books or records. Passes its second and third readings and is ordered 

enrolled. 

H. B. 1354, a bill to amend Chapter 18A of the General Statutes so as to 
allow the sale of rice-based wines. Passes its second and third readings 

and is ordered enrolled. 

H. B. 1379, a bill to amend Chapter 14 of the General Statutes of North 
Carolina by the addition of Section 14-118.4 to include the crime of ex- 
tortion. Senator Gudger offers an amendment which is adopted. 
The bill, as amended, passes its second and third readings and is ordered 
sent to the House of Representatives for concurrence in the Senate amend- 
ment. 

H. B. 1380, a bill to amend General Statute 1-305 and General Statute 
1-310 to harmonize the time for issuance of executions with the provisions 
of Rule 62 of the Rules of Civil Procedure. Senator Strickland moves 

that the Committee amendment be adopted. Upon motion of Senator 



1974] SENATE JOURNAL 293 

Strickland, consideration of the bill and pending amendment is postponed 
until Thursday, March 21. 

H. B. 1381, a bill to amend General Statutes Section 47-41, entitled 
"Corporate Conveyances." Passes its second and third readings and 

is ordered enrolled. 

H. B. 1382, a bill to adopt a section known as General Statute 47-4.1 of 
the North Carolina General Statutes. Passes its second and third read- 

ings and is ordered enrolled. 

H. B. 1402, a bill to correct a technical oversight in General Statute 
20-8(1) by striking "Army, Navy, or Marine Corps" and inserting "Armed 
Forces." Passes its second and third readings and is ordered enrolled. 

H. B. 1427, a bill to amend General Statute 163-226 to authorize absentee 
ballots in all statewide elections involving referenda, constitutional amend- 
ments and other propositions submitted to the people. Passes its second 
and third readings and is ordered enrolled. 

H. B. 1434, Committee Substitute for H. B. 1434, a bill to repeal the 
provision in General Statute 105-228.5 which now allows taxation of do- 
mestic insurance companies primarily engaged in casualty insurance busi- 
ness as casualty companies. Passes its second and third readings and 
is ordered enrolled. Senator Rauch is excused from voting on the bill. 

H. B. 1479, a bill to amend General Statute 66-84 to include Hoke County 
within the closing-out sales provisions. Upon motion of Senator 

Strickland, consideration of the bill is postponed until Thursday, March 21. 

H. B. 1526, Committee Substitute for H. B. 1526, a bill to amend the 
powers and duties of the Governor to allow him to authorize the National 
Guard and/ or Highway Patrol to remove vehicles that are blocking public 
vehicular areas. Upon motion of Senator Strickland, consideration of 

the Committee Substitute bill is postponed until Thursday, March 21. 

H. B. 1587, a bill to revise and consolidate the charter of the Town of 
Hookerton, North Carolina, upon third reading. The bill passes its 

third reading by roll-call vote, ayes 38, noes 0, as follows: Those voting 

in the affirmative are: Senators Alford, Allsbrook, Bagnal, Bahakel, Bob L. 
Barker, Blanchard, Butner, Coleman, Crawford, Deane, Garrison, Godwin, 
Gudger, Hardison, Harrington, Henley, Horton, Kincaid, Kirby, Knox, 
Mauney, Mills, Moore, Mullins, Poovey, Rauch, Raynor, Rhyne, Royall, 
Saunders, Sharpe, McNeill Smith, Somers, Staton, Strickland, White, Wilkie, 
Williamson — 38. The bill is ordered enrolled. 

H. B. 1631, a bill to amend General Statute 87-10 to raise the momentary 
limits for an intermediate general contractor license, upon second read- 
ing. The bill passes its second reading by roll-call vote, ayes 38, noes 
0, as follows: Those voting in the affirmative are: Senators Alford, 
Allen, Allsbrook, Bagnal, Bahakel, Bob L. Barker, Blanchard, Butner, Cole- 
man, Deane, Folger, Garrison, Godwin, Gudger, Hardison, Harrington, 
Henley, Horton, Hughes, Kirby, Knox, Mauney, Moore, Mullins, Murrow, 



294 SENATE JOURNAL [Session 

Poovey, Rauch, Raynor, Royall, Sharpe, Lynwood Smith, McNeill Smith, 
Somers, Staton, Strickland, Taylor, White, Wilkie — 38. The bill re- 

mains on the Calendar. 

H. B. 1719, a bill to amend Article 1 of the charter of the City of Eden 
as set forth in Chapter 967, Session Laws of 1967, upon third reading. 
The bill passes its third reading by roll-call vote, ayes 38, noes 0, as fol- 
lows: Those voting in the affirmative are: Senators Alford, Allsbrook, 
Bagnal, Bahakel, Bob L. Barker, Blanchard, Butner, Coleman, Crawford, 
Deane, Garrison, Godwin, Gudger, Hardison, Harrington, Henley, Horton, 
Kincaid, Kirby, Knox, Mauney, Mills, Moore, Mullins, Poovey, Rauch, 
Raynor, Rhyne, Royall, Saunders, Sharpe, McNeill Smith, Somers, Staton, 
Strickland, White, Wilkie, Williamson — 38. The bill is ordered en- 
rolled. 

H. B. 1776, a bill to authorize Tabor City to annex certain lands subject 
to approval by the citizens voting in referendum, upon third reading. 
The bill passes its third reading by roll-call vote, ayes 38, noes 0, as fol- 
lows: Those voting in the affirmative are: Senators Alford, Allsbrook, 
Bagnal, Bahakel, Bob L. Barker, Blanchard, Butner, Coleman, Crawford, 
Deane, Garrison, Godwin, Gudger, Hardison, Harrington, Henley, Horton, 
Kincaid, Kirby, Knox, Mauney, Mills, Moore, Mullins, Poovey, Rauch, 
Raynor, Rhyne, Royall, Saunders, Sharpe, McNeill Smith, Somers, Staton, 
Strickland, White, Wilkie, Williamson. — 38. The bill is ordered en- 
rolled. 

H. B. 1787, a bill deleting from the charter of the City of Winston-Salem 
certain outmoded and outdated provisions, upon third reading. The 

bill passes its third reading by roll-call vote, ayes 38, noes 0, as follows: 
Those voting in the affirmative are: Senators Alford, Allsbrook, Bagnal, 
Bahakel, Bob L. Barker, Blanchard, Butner, Coleman, Crawford, Deane, 
Garrison, Godwin, Gudger, Hardison, Harrington, Henley, Horton, Kincaid, 
Kirby, Knox, Mauney, Mills, Moore, Mullins, Poovey, Rauch, Raynor, 
Rhyne, Royall, Saunders, Sharpe, McNeill Smith, Somers, Staton, Strick- 
land, White, Wilkie, Williamson — 38. The bill is ordered enrolled. 

H. B. 1841, a bill to continue supplemental school taxes in Buncombe 
County in effect after merger, upon third reading. The bill passes its 

third reading by roll-call vote, ayes 38, noes 0, as follows: Those voting 

in the affirmative are: Senators Alford, Allsbrook, Bagnal, Bahakel, Bob L. 
Barker, Blanchard, Butner, Coleman, Crawford, Deane, Garrison, Godwin, 
Gudger, Hardison, Harrington, Henley, Horton, Kincaid, Kirby, Knox, 
Mauney, Mills, Moore, Mullins, Poovey, Rauch, Raynor, Rhyne, Royall, 
Saunders, Sharpe, McNeill Smith, Somers, Staton, Strickland, White, 
Wilkie, Williamson — 38. The bill is ordered enrolled. 

H. B. 1866, a bill to amend General Statute 159-48 (d) of the Local Gov- 
ernment Bond Act by providing that improvement of existing telephone ser- 
vices is a purpose for which bonds may be issued by a local government 
unit, upon second reading. The bill passes its second reading by roll- 

call vote, ayes 36, noes 0, as follows: Those voting in the affirmative 

are: Senators Alford, Allen, Allsbrook, Bahakel, Bob L. Barker, Blanchard, 



1974] SENATE JOURNAL 295 

Butner, Coleman, Deane, Garrison, Godwin, Gudger, Hardison, Harrington, 
Henley, Horton, Hughes, Kirby, Knox, Mauney, Mills, Moore, Mullins, 
Murrow, Poovey, Rauch, Raynor, Rhyne, Royall, Saunders, Sharpe, Lynwood 
Smith, McNeill Smith, Somers, Strickland, White — 36. The bill re- 

mains on the Calendar. 

S. B. 157, Committee Substitute for S. B. 157, a bill to amend General 
Statute 14-17, murder defined and punishment provided for murder, bur- 
glary and arson. Senator Bob L. Barker moves that the vote by which 
the Conference Report on Committee Substitute for S. B. 157 was adopted 
be reconsidered. Senator Bob L. Barker calls the previous question, 
seconded by Senator Moore, and calls for the "ayes" and "noes." The 
call for the previous question is sustained and the call for the "ayes" and 
"noes" is sustained. The vote by which the Conference Report on 
Committee Substitute for S. B. 157 was adopted is reconsidered by roll-call 
vote, ayes 25, noes 21, as follows: Those voting in the affirmative are: 
Senators Afford, Allen, Bahakel, Bob L. Barker, Blanchard, Butner, Cole- 
man, Crawford, Deane, Kirby, Knox, Moore, Mullins, Murrow, Rauch, 
Raynor, Rountree, Saunders, Scott, Lynwood Smith, McNeill Smith, Stall- 
ings, Staton, Webster, Williamson — 25. Those voting in the negative 
are: Senators Allsbrook, Bagnal, Folger, Godwin, Gudger, Hardison, Har- 
rington, Henley, Horton, Hughes, Kincaid, Mauney, Mills, Poovey, Rhyne, 
Royall, Sharpe, Somers, Strickland, White, Wilkie — 21. Senator Knox 
moves that the Senate do not adopt the Conference Report and that new 
conferees be appointed. Senator Allsbrook offers a substitute motion 
that the Conference Report be set as a special order of business tomor- 
row. It is ordered that consideration of the Conference Report on 
Committee Substitute for S. B. 157 be made Special Order No. 1 for 
tomorrow. 

Upon motion of Senator Hardison, the Senate adjourns to meet tomorrow 
at 2:00 P.M. 



ONE HUNDRED FORTY-FOURTH DAY 

Senate Chamber, 
Thursday, March 21, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found to 
be correct, and upon his motion the reading of the Journal is dispensed with 
and it stands approved as written. 

The President grants leaves of absence to Senator Saunders for today, 
and to Senators Rountree, Sharpe, Alford and Somers for tomorrow. 



296 SENATE JOURNAL [Session 

S. B. 1094. Upon motion of Senator Godwin, S. B. 1094, a bill to 

exempt Currituck County from the provisions of Article 7A of Chapter 
113 of the General Statutes of North Carolina as the same relates to safe 
distances for hunting migratory wild waterfowl, is recalled from the En- 
grossing Office and placed on today's Calendar. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. B. 1330, an act to provide for a non-partisan election for members of 
the Board of Trustees of the Fairmont Administrative School Unit. 

S. B. 1331, an act to provide for the election of the Red Springs Board 
of Education. 

H. B. 1353, an act authorizing the register of deeds to record and file 
documents relating to persons, partnerships, and corporations for business 
and other purposes in consolidated books or records. 

H. B. 1354, an act to amend Chapter 18A of the General Statutes so as 
to allow the sale of rice-based wines. 

H. B. 1381, an act to amend General Statute Section 47-41, entitled 
"Corporate Conveyances". 

H. B. 1382, an act to adopt a section known as General Statute 47-4.1 of 
the North Carolina General Statutes. 

H. B. 1402, an act to correct a technical oversight in General Statute 
20-8(1) by striking "Army, Navy or Marine Corps" and inserting "Armed 
Forces." 

H. B. 1427, an act to amend General Statute 163-226 to authorize absentee 
ballots in all statewide elections involving referenda, constitutional amend- 
ments and other propositions submitted to the people. 

H. B. 1434, an act to repeal the provision in General Statute 105-228.5 
which now allows taxation of domestic insurance companies primarily en- 
gaged in casualty insurance business as casualty companies. 

H. B. 1587, an act to revise and consolidate the charter of the Town of 
Hookerton, North Carolina. 

H. B. 1719, an act to amend Article 1 of the charter of the City of Eden 
as set forth in Chapter 967, Session Laws of 1967. 

H. B. 1776, an act to authorize Tabor City to annex certain lands subject 
to approval by the citizens voting in referendum. 

H. B. 1787, an act deleting from the charter of the City of Winston- 
Salem certain outmoded and outdated provisions. 



1974] SENATE JOURNAL 297 

H. B. 1841, an act to continue supplemental school taxes in Buncombe 
County in effect after merger. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows : 

By Senator Kirby, for the Committee on Calendar: 

S. B. 1421, a bill to amend Chapter 66-58 of the General Statutes relating 
to business operations of campus stores at State-supported institutions, with 
a favorable report. 

S. J. R. 1444, a joint resolution for the appointment of a legislative study 
commission on design, construction and inspection of public facilities, with 
a favorable report. 

S. B. 1446, a bill to increase the allowable maximum gross weight of 
vehicles having five or more axles, with a favorable report, as amended. 

S. J. R. 1447, a joint resolution urging the United States Congress to 
develop a national energy policy, with a favorable report. 

H. B. 1772, a bill to abolish the common law crime of suicide, with a 
favorable report. 

H. B. 1790, a bill to annex territory to the Town of Mesic, with a favor- 
able report. 

H. B. 1806, a bill to amend General Statute 160A-282 by authorizing the 
establishment of an auxiliary law enforcement agency by cities and counties, 
with a favorable report. 

H. B. 1877, a bill relating to certain members of the Teachers' and State 
Employees' Retirement System who were formerly members of the Law 
Enforcement Officers Benefit and Retirement Fund, with a favorable report. 

H. B. 1960, a bill to increase the membership of the Board of Commis- 
sioners to five in the Town of Wagram and to authorize the appointment of 
two members to serve until the next election, with a favorable report. 

H. B. 1976, a bill to provide for an election in Tryon Township, Polk 
County, to ascertain the will of the voters as to whether the Tryon City 
Board of Education shall be elected, with a favorable report. 

By Senator Folger, for the Committee on Constitution : 

S. B. 670, a bill to amend the Constitution of North Carolina to permit the 
General Assembly to enact local legislation regulating trade, with an un- 
favorable report as to bill, favorable as to Committee Substitute bill. 
Upon motion of Senator Folger, the rules are suspended, and the Com- 
mittee Substitute bill is placed on today's Calendar. 



298 SENATE JOURNAL [Session 

By Senator Moore, for the Committee on Election Laws: 

H. B. 1377, a bill to amend General Statute 115-77 to provide that 
qualified voters residing in territory permanently attached to a local tax 
district or school administrative unit shall be permitted to vote in school 
board elections, with a favorable report. 

H. B. 1465, a bill to make technical changes in General Statute 163 re- 
lating to elections, with a favorable report. 

H. B. 1508, a bill to make technical changes in Article 20 of Chapter 163 
of the General Statutes, relating to absentee voting, with a favorable report. 

By Senator Strickland, for the Committee on Higher Education: 

S. B. 223, a bill to provide scholarships for North Carolina Vietnam 
prisoners of war, without prejudice. Upon motion of Senator Strick- 

land, the rules are suspended, and the bill is placed on the Calendar for 
immediate consideration. Upon motion of Senator Strickland, the bill 

is postponed indefinitely. 

S. B. 224, a bill to provide scholarships for children of North Carolina 
Vietnam prisoners of war, without prejudice. Upon motion of Senator 

Strickland, the rules are suspended, and the bill is placed on the Calendar 
for immediate consideration. Upon motion of Senator Strickland, the 

bill is postponed indefinitely. 

S. B. 277, a bill to amend General Statute 116-143.1 pertaining to eligi- 
bility for resident tuition fees in State-supported institutions of higher edu- 
cation, without prejudice. Upon motion of Senator Strickland, the 
rules are suspended, and the bill is placed on the Calendar for immediate 
consideration. Upon motion of Senator Strickland, the bill is postponed 
indefinitely. 

S. B. 378, a bill to provide scholarships for children of prisoners of war 
and missing in action veterans, without prejudice. Upon motion of 

Senator Strickland, the rules are suspended, and the bill is placed on the 
Calendar for immediate consideration. Upon motion of Senator Strick- 

land, the bill is postponed indefinitely. 

S. B. 600, a bill to amend Chapter 845, Session Laws of 1971, requiring 
nonresident students at the State institutions of higher education to pay 
tuition that approximates the cost of their education, without prejudice. 
Upon motion of Senator Strickland, the rules are suspended, and the bill 
is placed on the Calendar for immediate consideration. Upon motion of 

Senator Strickland, the bill is postponed indefinitely. 

S. B. 1171, a bill to amend General Statute 18A-40 by deleting Subsection 
(a) thereof, with an unfavorable report. 

By Senator Henley, for the Committee on Insurance: 

S. B. 659, a bill to amend Chapter 58 of the General Statutes to xemove 
age discrimination in the fixing of rate classifications for automobile in- 
surance, with an unfavorable report. 



1974] SENATE JOURNAL 299 

S. B. 1053, a bill repealing present Article 13, Article 13 A, and Article 
13B of Chapter 58 relating to the Fire Insurance Rating Bureau and fire 
insurance rate regulations and to casualty insurance rating regulation; re- 
pealing Article 25 of Chapter 58 relating to regulation of automobile 
liability insurance rates; to provide a new and competitive method of rate 
regulation of fire and casualty and automobile liability insurance; to pre- 
vent monopoly and collusion in rate making, with an unfavorable report. 

S. B. 1325, a bill to amend Chapter 58 of the Genera] Statutes of North 
Carolina by adding a new Article thereto to be known as Article 17C, with 
a favorable report. 

S. B. 1409, a bill to adopt a revised private passenger automobile classifi- 
cation plan, with a favorable report. 

By Senator Allsbrook, for the Committee on Judiciary No. 1: 

H. B. 1487, a bill creating emergency authority to operate water or sewer 
utility, with a favorable report, as amended. 

H. B. 1489, a bill to authorize enforcement of Chapter 62 and of the 
rules, regulations and orders of the Utilities Commission, with a favorable 
report. 

By Senator Britt, for the Committee on Judiciary No. 2 : 

S. B. 271, a bill to authorize counties, cities and other units of local 
government to create purchase money security interests in real and per- 
sonal property, without prejudice. Upon motion of Senator Britt, the 
rules are suspended, and the bill is placed on the Calendar for immediate 
consideration. Upon motion of Senator Britt, the bill is postponed 
indefinitely. 

S. B. 1055, a bill to amend General Statute 14-26 so as to preclude from 
consideration sexual intercourse by carnal knowledge victim prior to age 
twelve, with a favorable report. Upon motion of Senator Rountree, 

the bill is placed on the Calendar for Monday, March 25. 

S. B. 1157, a bill to require restrictions on the limited driving privilege, 
without prejudice. Upon motion of Senator Britt, the rules are sus- 

pended, and the bill is placed on the Calendar for immediate considera- 
tion. Upon motion of Senator Britt, the bill is postponed indefinitely. 

By Senator Rauch, for the Committee on State Government: 

S. B. 708, a bill to determine the location of the State Art Museum, with 
a favorable report. 

S. B. 1011, a bill to provide that the State Board of Elections shall be an 
independent agency, with a favorable report, as amended. 

S. B. 1164, a bill to amend Chapter 122A of the General Statutes of North 
Carolina to change the name of the North Carolina Housing Corporation to 
North Carolina Housing Finance Agency, to permit said agency to accept 
the proceeds of general obligation bonds of the State to accomplish its 



300 SENATE JOURNAL [Session 

corporate purposes, to use the proceeds of bonds of the agency to purchase 
federally insured securities of mortgage lenders where such expenditures 
of proceeds will provide residential housing for persons of lower income and 
to authorize the agency to insure mortgage loans made for the purpose of 
providing housing for persons of lower income, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

S. B. 1448, by Senators Allsbrook and White, a bill to correct salary 
inequities of secretaries employed in county agricultural extension service 
offices. Referred to Committee on Calendar. 

S. B. 1449, by Senators Folger, Allen and Taylor, a bill to revive "North 
Carolina Pollution Abatement and Industrial Facilities Financing Act" 
(Chapter 159A of the North Carolina General Statutes). Referred to 

Committee on Calendar. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and dis- 
posed of as follows : 

S. B. 590, a bill to provide that persons residing in a city administrative 
school unit shall not participate in elections for members of the Alamance 
County Board of Education, for concurrence in the House amendment. 
Upon motion of Senator Scott, the Senate concurs in the House amendment 
and the bill is ordered enrolled. 

H. B. 328, Committee Substitute for H. B. 328, a bill to make certain 
changes in the rules of the road portion of Chapter 20 of the General 
Statutes and to make related changes in Chapters 14 and 136 of the General 
Statutes. Referred to Committee on Calendar. 

H. B. 1129, Committee Substitute for H. B. 1129, a bill to further effect- 
uate the reorganization of State Government #4. Referred to Com- 
mittee on Calendar. 

H. B. 1130, Committee Substitute for H. B. 1130, a bill to further effect- 
uate the reorganization of State Government #5. Referred to Com- 
mittee on Calendar. 

H. B. 1131, Committee Substitute for H. B. 1131, a bill to further effect- 
uate the reorganization of State Government #6. Referred to Com- 
mittee on Calendar. 

H. B. 1918, a bill to rewrite General Statute 113-102 relating to protected 
and unprotected game. Referred to Committee on Calendar. 



1974] SENATE JOURNAL 301 

H. B. 1945, a bill authorizing county and city boards of education to 
expend public funds to transport autistic and communications handicapped 
children. Referred to Committee on Calendar. 

H. J. R. 2022, a joint resolution honoring David Wyeth Royster, prominent 
businessman and distinguished civic leader. Upon motion of Senator 

Mauney, the rules are suspended, and the joint resolution is placed on the 
Calendar for immediate consideration. Passes its second and third 

readings and is ordered enrolled. 

H, B. 2069, a bill to amend the charter of the Town of Fuquay-Varina 
relating to street and sidewalk improvements. Referred to Committee 

on Calendar. 

H. B. 2070, a bill to extend the corporate limits of the Town of Ori- 
ental. Referred to Committee on Calendar. 

H. B. 2077, a bill to amend Chapter 657 of the 1973 Session Laws author- 
izing the issuance of three hundred million dollars ($300,000,000) in bonds 
of the State to provide funds for public school facilities with respect to the 
allocation of the proceeds of said bonds. Referred to Committee on 

Calendar. 

H. J. R. 2100, a joint resolution honoring the life and memory of Meredith 
Hugh Thompson. Upon motion of Senator Royall, the rules are sus- 

epnded, and the joint resolution is placed on the Calendar for immediate 
consideration. Passes it ssecond and third readings and is ordered 

enrolled. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

SPECIAL ORDER NO. 1 

S. B. 157, Committee Substitute for S. B. 157 

The hour having arrived for the consideration of Special Order No. 1, 
the President of the Senate lays before the Senate Special Order No. 1, it 
being consideration of the Conference Report on Committee Substitute for 
S. B. 157, a bill to amend General Statute 14-17, murder defined and punish- 
ment provided for murder, burglary and arson. Senator Knox moves 
that the Conference Report be accepted and that new conferees be ap- 
pointed. Senator Allsbrook calls for the "ayes" and "noes." The 
call is sustained. The motion prevails by roll-call vote, ayes 31, noes 
16, as follows: Those voting in the affirmative are: Senators Alford, 
Allen, Bahakel, Bob L. Barker, Robert J. Barker, Blanchard, Britt, Butner, 
Coleman, Crawford, Deane, Folger, Garrison, Godwin, Harrington, Kirby, 
Knox, Mills, Moore, Mullins, Murrow, Rauch, Raynor, Lynwood Smith, 
McNeill Smith, Stallings, Staton, Taylor, Webster, Wilkie, Williamson — 
31. Those voting in the negative are: Senators Allsbrook, Bagnal, 



302 SENATE JOURNAL [Session 

Gudger, Hardison, Henley, Horton, Hughes, Kincaid, Mauney, Poovey, 
Rhyne, Royall, Sharpe, Somers, Strickland, White — 16. The President 

appoints as conferees on the part of the Senate, Senators Knox, Folger and 
Bob L. Barker and a message is ordered sent to the House of Representa- 
tives informing that Honorable Body of such action. 

S. B. 670, Committee Substitute for S. B. 670, a bill to amend the Con- 
stitution of North Carolina to permit the General Assembly to enact local 
legislation regulating trade. Upon motion of Senator Folger, the 

Committee Substitute is adopted and remains on the Calendar. 

S. B. 1094, a bill to exempt Currituck County from the provisions of 
Article 7A of Chapter 113 of the General Statutes of North Carolina as 
the same relates to safe distances for hunting migratory wild water- 
fowl. Upon motion of Senator Godwin, consideration of the bill is 
postponed indefinitely. 

S. J. R. 1098, a joint resolution encouraging county and city boards of 
education to involve teachers to the maximum feasible in the operations of 
the public schools. Passes its second and third readings and is ordered 

sent to the House of Representatives. 

S. B. 1106, a bill relating to the management of the emergency energy 
crisis of North Carolina, as amended. Senator Bahakel moves that the 

bill, as amended, be re-referred to the Committee on Judiciary No. 2. 
Senator Allsbrook makes a substitute motion that consideration of the bill, 
as amended, be postponed until Tuesday, March 26, which motion prevails. 

S. B. 1141, a bill to amend General Statute 115-183 authorizing county 
and city boards of education which own and operate school buses to use 
these school buses for any school related activity. Upon motion of 

Senator Kincaid, the Committee amendment is adopted. Senator Sharpe 

calls for the "ayes" and "noes" on the second reading of the bill, as 
amended. The call is sustained. Senator Kincaid calls the pre- 

vious question, duly seconded. The call is sustained. The bill, as 

amended, passes its second reading by roll-call vote, ayes 23, noes 22, as 
follows: Those voting in the affirmative are: Senators Alford, Alls- 

brook, Bagnal, Bahakel, Robert J. Barker, Blanchard, Deane, Garrison, 
Horton, Hughes, Kincaid, Kirby, Mullins, Murrow, Poovey, Raynor, Sharpe, 
Lynwood Smith, McNeill Smith, Somers, Stallings, Taylor, Wilkie — 23. 
Those voting in the negative are: Senators Bob L. Barker, Britt. Butner. 
Coleman, Crawford, Godwin, Gudger, Hardison, Harrington, Henley, Knox, 
Mauney, Moore, Rauch, Rhyne, Royall, Scott, Staton, Strickland, Webster. 
White, Williamson — 22. Senator Gudger offers an amendment which 

is adopted. Senator Coleman offers an amendment. Senator 

Moore moves that the bill, as amended, and the pending amendment, do lie 
upon the table, which motion prevails. 

S. B. 1311, a bill to amend General Statute 148-33.1 to provide for 
restitution by prisoners employed in the free community, upon third read- 
ing. Upon motion of Senator Somers, consideration of the bill is 
postponed until Tuesday, March 26. 



1974] SENATE JOURNAL 303 

S. B. 1316, Committee Substitute for S. B. 1316, a bill to enumerate the 
causes for impeachment. Passes its second and third readings and is 

ordered sent to the House of Representatives. 

S. B. 1380, Committee Substitute for S. B. 1380, a bill to amend the Soft 
Drink Tax Act to provide an optional method for paying the tax on soft 
drink syrups and powders, upon second reading. The Committee Sub- 

stitute bill passes its second reading by roll-call vote, ayes 40, noes 0, as 
follows: Those voting in the affirmative are: Senators Alford, Allen, 

Allsbrook, Bagnal, Bahakel, Robert J. Barker, Blanchard, Britt, Butner, 
Coleman, Crawford, Deane, Folger, Garrison, Gudger, Hardison, Henley, 
Horton, Kincaid, Knox, Mauney, Mills, Moore, Mullins, Murrow, Poovey, 
Rauch, Raynor, Rountree, Royall, Scott, Sharpe, Lynwood Smith, Somers, 
Staton, Strickland, Webster, White, Wilkie, Williamson — 40. The 

Committee Substitute bill remains on the Calendar. 

S. B. 1433, a bill to make certain amendments to Chapter 126 of the 
General Statutes relating to the State personnel system. Senator Bob 

L. Barker moves that consideration of the bill be postponed until Friday, 
March 29. Senator Rauch offers a substitute motion that the bill be 

re-referred to the Committee on State Government, which motion prevails. 

H. B. 1243, a bill to exempt the house-to-house sale of magazines from 
sales tax. Upon motion of Senator Somers, consideration of the bill 

is postponed until Tuesday, March 26. 

H. B. 1453, Committee Substitute for H. B. 1453, a bill to amend the 
North Carolina Consumer Finance Act. Senator Sharpe offers an 

amendment which is adopted. Senator Poovey offers an amendment 

which fails of adoption. Senator McNeill Smith offers an amend- 

ment. Senator Taylor moves that the Senate adjourn, which motion 

fails to prevail. Senator McNeill Smith calls the previous question. 

The call is sustained. The amendment offered by Senator McNeill 

Smith fails of adoption. Senator Godwin calls the previous question, 

duly seconded. The call is sustained. The Committee Substitute 

bill, as amended, passes its second reading. Upon objection of Senator 

McNeill Smith to its third reading, the Committee Substitute bill, as 
amended, remains on the Calendar. Without objection, Senator Moore 

is excused from voting. Senator Raynor requests to be recorded as 

voting "no." 

H. B. 1631, a bill to amend General Statute 87-10 to raise the monetary 
limits for an intermediate general contractor license, upon third read- 
ing. The bill passes its third reading by roll-call vote, ayes 41, noes 0, 
as follows: Those voting in the affirmative are: Senators Alford, Alls- 
brook, Bagnal, Bahakel, Bob L. Barker, Robert J. Barker, Blanchard, Britt, 
Butner, Coleman, Crawford, Deane, Garrison, Godwin, Gudger, Hardison, 
Horton, Hughes, Kincaid, Kirby, Knox, Mauney, Mills, Moore, Mullins, 
Murrow, Poovey, Rauch, Raynor, Rhyne, Royall, Sharpe, Lynwood Smith, 
McNeill Smith, Somers, Stallings, Staton, Strickland, White, Wilkie, Wil- 
liamson — 41. The bill is ordered enrolled. 



304 SENATE JOURNAL [Session 

H. B. 1866, a bill to amend General Statute 159-48 (d) of the Local Gov- 
ernment Bond Act by providing that improvement of existing telephone 
services is a purpose for which bonds may be issued by a local government 
unit, upon third reading. The bill passes its third reading by roll-call 

vote, ayes 43, noes 0, as follows: Those voting in the affirmative are: 

Senators Alford, Allen, Allsbrook, Bagnal, Bahakel, Bob L. Barker, Robert 
J. Barker, Blanchard, Britt, Butner, Coleman, Crawford, Deane, Folger, 
Garrison, Godwin, Gudger, Hardison, Henley, Horton, Kincaid, Kirby, Knox, 
Mauney, Mills, Moore, Mullins, Murrow, Poovey, Rauch, Raynor, Rhyne, 
Rountree, Royall, Sharpe, Lynwood Smith, Somers, Stallings, Staton, 
Strickland, Webster, White, Wilkie — 43. The bill is ordered enrolled. 

H. B. 1978, a bill relating to games of "bingo" and "skilo" in the Town 
of Henderson. Passes its second and third readings and is ordered 

enrolled. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Represen- 
tatives : 

S. B. 157, Committee Substitute for S. B. 157 

House of Representatives 
March 21, 1974 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the infor- 
mation that the Speaker has appointed as new conferees on the Committee 
Substitute for S. B. 157, "a bill to be entitled an act to amend General 
Statute 14-17, murder and punishment provided for murder, burglary and 
arson," Representatives Rountree, Brown of Stanly and Johnson of Wake on 
the part of the House to confer with a like committee appointed by the 
Senate to the end that the differences arising may be adjusted. 

Respectfully, 

Grace Collins 
Principal Clerk 

S. B. 1448, Committee Substitute for H. B. 289, Committee Substitute for 
H. B. 1129, Committee Substitute for H. B. 1130, Committee Substitute for 
H. B. 1131 and Committee Substitute for H. B. 1652. Upon motion of 

Senator Kirby, the following bills are taken from the Committee on Calendar 
and re-referred to the Committees as follows: 

S. B. 1448, a bill to correct salary inequities of secretaries employed in 
county agricultural extension service offices. Re-referred to Committee 

on Appropriations. 

H. B. 289, Committee Substitute for H. B. 289, a bill to revise the General 
Statutes relating to the administration of decedent's estates. Re-re- 

ferred to Committee on Judiciary No. 2. 



1974] SENATE JOURNAL 305 

H. B. 1129, Committee Substitute for H. B. 1129, a bill to further effect- 
uate the reorganization of State Government #4. Re-referred to Com- 
mittee on State Government. 

H. B. 1130, Committee Substitute for H. B. 1130, a bill to further effect- 
uate the reorganization of State Government #5. Re-referred to Com- 
mittee on State Government. 

H. B. 1131, Committee Substitute for H. B. 1131, a bill to further effect- 
uate the reorganization of State Government #6. Re-referred to Com- 
mittee on State Government. 

H. B. 1652, Committee Substitute for H. B, 1652, a bill to amend General 
Statute 87-43.3 and 87-44 in order to provide for the licensing of persons, 
firms or corporations to engage in the business of special restricted elec- 
trical contracting. Re-referred to Committee on Finance. 

Upon motion of Senator Allen, the Senate adjourns to meet tomorrow 
at 8:30 A.M. 



ONE HUNDRED FORTY-FIFTH DAY 

Senate Chamber, 
Friday, March 22, 1974. 

The Senate meets pursuant to adjournment and is called to order by- 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found to 
be correct, and upon his motion the reading of the Journal is dispensed with 
and it stands approved as written. 

The President grants leaves of absence to Senator Webster for today, 
and to Senator Moore for Monday and Tuesday March 25 and 26. 

enrolled bills 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. B. 500, an act to repeal certain sections of Chapter 161 of the North 
Carolina General Statutes. 

S. B. 1023, an act to clarify the classification of special nuclear materials 
for ad valorem tax purposes. 

S. B. 1146, an act relating to the creation of a forest practices study 
committee. 



306 SENATE JOURNAL [Session 

S. B. 1152, an act to amend General Statute 115-117 as it applies to the 
City of Lumberton Administrative School District to provide that for pur- 
poses of the thirty cents (30^) per one hundred dollar ($100.00) supple- 
mental school tax, real and personal property shall be assessed for valuation 
at fifty percent (507' ) of its appraised value. 

H. B. 1228, an act to amend Article 2, Part 5 of Chapter 108 of the 
General Statutes, to provide for recovery from certain persons funds paid 
for medical assistance. 

H. B. 1379, an act to amend Chapter 14 of the General Statutes of North 
Carolina by the addition of Section 14-118.4 to include the crime of ex- 
tortion. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

S. B. 1450, by Senators Coleman, Knox, Allen, Williamson, Lynwood 
Smith, and Robert J. Barker, a bill to amend General Statute 160A-167 to 
provide that county ABC boards may provide for the defense of their 
employees in civil or criminal actions involving their employment. Re- 

ferred to Committee on Calendar. 

S. B. 1451, by Senator Kirby, a bill to amend General Statute 135-5.1 
concerning- employee contribution to optional retirement programs. 
Referred to Committee on Calendar. 

S. J. R. 1452, by Senators Mills, Garrison, Williamson, Mullins, and Knox, 
a joint resolution to have the Board of Trustees of the Teachers' and State 
Employees' Retirement System study the average final compensation formula 
for retirement and making permanent the post-retirement increases based on 
the consumer price index. Referred to Committee on Calendar. 

S. B. 1453, by Senators Garrison and Bob L. Barker, a bill relating to the 
jurisdiction of the board of county commissioners over commissions, boards 
and agencies. Referred to Committee on Calendar. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and dis- 
posed of, as follows: 

H. B. 1461, a bill to amend General Statute 90-96 relating to expunction 
of records. Referred to Committee on Calendar. 

H. B. 1784, a bill to provide for permits to allow testing of vehicles. 
Referred to Committee on Calendar. 

H. B. 1897, a bill to amend Article 25A of the General Statutes of North 
Carolina by rewriting General Statute 115-206.2, 115-206.3, and 115- 
206.4. Referred to Committee on Calendar. 



1974] SENATE JOURNAL 307 

H. B. 1943, a bill to regulate the possession of sea oats. Referred 

to Committee on Calendar. 

PL B. 1969, a bill to amend Article 31B of Chapter 106 of the General 
Statutes, the Vegetable Plant Law. Referred to Committee on Calen- 

dar. 

H. B. 1981, a bill to provide liens for franchised ambulance service sup- 
plemented by county funds. Referred to Committee on Calendar. 

H. B. 2000, a bill to restrict starting times for Sunday auto races in 
Cleveland, Polk, and Rutherford Counties. Referred to Committee on 

Calendar. 

H. B. 2031, a bill to amend General Statute 115 A-5 to permit the State 
Board of Education to waive tuition requirements at community colleges 
for members of rescue squads. Referred to Committee on Calendar. 

H. B. 2038, a bill to amend General Statute 47-51 relating to seals 
omitted from official deeds. Referred to Committee on Calendar. 

H. B. 2042, a bill to define the terms house and building as used in the 
arson and other burnings statutes to include mobile homes and to make 
the crime of arson include the burning of a mobile home. Referred to 

Committee on Calendar. 

H. J. R. 2051, a joint resolution honoring the life, service and memory of 
H. Smith Williams. Referred to Committee on Calendar. 

H. J. R. 2056, a joint resolution honoring the memory of Roger Ray 
Jackson, Jr., former member of the House of Representatives, from Hert- 
ford County. Referred to Committee on Calendar. 

H. J. R. 2063, a joint resolution honoring the life and memory of O. O. 
Allsbrook, former mayor of Wilmington. Referred to Committee on 

Calendar. 

H. J. R. 2064, a joint resolution to establish the fisheries training vessel 
study commission. Referred to Committee on Calendar. 

H. B. 2106, a bill to ratify, confirm and validate the election held to in- 
corporate the Town of Pine Knoll Shores pursuant to Chapter 265, Session 
Laws of 1973. Referred to Committee on Calendar. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as 
follows : 

S. B. 670, Committee Substitute for S. B. 670, a bill to amend the Con- 
stitution of North Carolina to permit the General Assembly to enact local 
legislation regulating trade, upon second reading. Upon motion of 

Senator Mullins, the Committee Substitute bill is placed on the Calendar 
for Tuesday, March 26. 



308 SENATE JOURNAL [Session 

S. B. 708, a bill to determine the location of the State Art Museum. 
Senator Bob L. Barker calls the previous question, seconded by Senator 
Knox. The call is sustained. The bill passes its second read- 

ing. Upon objection of Senator Allsbrook to its third reading, the bill 

remains on the Calendar. Senator Hardison moves the bill be placed 

on the Calendar for Wednesday, March 27, which motion prevails. 

S. B. 1164, a bill to amend Chapter 122A of the General Statutes of 
North Carolina to change the name of the North Carolina Housing 
Corporation to North Carolina Housing Finance Agency, to permit said 
agency to accept the proceeds of general obligation bonds of the State to 
accomplish its corporate purposes, to use the proceeds of bonds of the 
agency to purchase federally insured securities of mortgage lenders where 
such expenditures of proceeds will provide residential housing for persons 
of lower income and to authorize the agency to insure mortgage loans made 
for the purpose of providing housing for persons of lower income, upon 
second reading. Senator Allsbrook moves that the bill be re-referred 

to the Committee on Appropriations. Senator Taylor makes a sub- 

stitute motion that consideration of the bill be postponed until Wednesday, 
March 27, which motion fails to prevail. The motion of Senator Alls- 

brook to re-refer the bill to the Committee on Appropriations fails to pre- 
vail. Senator Allsbrook moves that consideration of the bill be 
postponed until Tuesday, March 26, seconded by Senator Crawford, which 
motion fails to prevail. Senator McNeill Smith calls the previous 
question, seconded by Senator Moore. The call is sustained. The 
bill passes its second reading by roll-call vote, ayes 24, noes 18, as fol- 
lows: Those voting in the affirmative are: Senators Allen. Bahakel, 
Bob L. Barker, Britt, Coleman, Crawford, Deane. Garrison, Godwin, Gudger, 
Hardison, Harrington, Henley, Kirby, Knox, Mills, Rauch, Raynor, Royall, 
Scott, Lynwood Smith, McNeill Smith, Staton, Williamson — 24. Those 
voting in the negative are: Senators Allsbrook, Bagnal, Robert J. Barker, 
Blanchard, Butner, Folger, Horton, Hughes, Kincaid. Mauney, Moore, Mul- 
lins, Murrow, Poovey, Strickland, Taylor, White, Wilkie — 18. Senator 
Henley moves that consideration of the bill be postponed until Wednesday, 
March 27. Senator Strickland offers a substitute motion that the bill 
be re-referred to the Committee on Appropriations, which motion prevails. 

S. B. 1303, a bill to amend the North Carolina Outdoor Advertising 
Control Act, as amended. Upon motion of Senator Horton, considera- 

tion of the bill, as amended, is postponed until Wednesday, March 27. 

S. B. 1380, Committee Substitute for S. B. 1380, a bill to amend the Soft 
Drink Tax Act to provide an optional method for paying the tax on soft 
drink syrups and powders, upon third reading. The Committee Sub- 

stitute bill passes its third reading by roll-call vote, ayes 33, noes 0, as 
follows: Those voting in the affirmative are: Senators Allen, Bagnal, 

Bahakel, Robert J. Barker, Blanchard, Butner, Crawford, Deane, Folger. 
Garrison, Godwin, Gudger, Hardison, Harrington, Henley, Horton, Kirby. 
Knox, Mills, Moore, Mullins, Poovey, Rauch, Raynor, Royall, Saunders. 
Scott, Lynwood Smith, McNeill Smith, Staton, Strickland, White, William- 



1974] SENATE JOURNAL 309 

son — 33. The Committee Substitute bill is ordered sent to the House 

of Representatives. 

H. B. 1453, Committee Substitute for H. B. 1453, a bill to amend the 
North Carolina Consumer Finance Act, as amended, upon third reading. 
Senator Mullins offers an amendment which is adopted. Senator Mc- 

Neill Smith offers an amendment. Senator Crawford moves that the 

amendment offered by Senator McNeill Smith do lie upon the table. 
The motion prevails. Senator McNeill Smith offers a second amend- 

ment which fails of adoption. The Committee Substitute bill, as 

amended, passes its third reading- and is ordered sent to the House of Rep- 
resentatives for concurrence in the Senate amendments. It is unani- 
mously agreed that Senator Moore may be excused from voting upon this 
Committee Substitute bill, as amended. Senator Raynor requests to be 
recorded as voting "no." 

H. B. 1790, a bill to annex territory to the Town of Mesic, upon second 
reading. The bill passes its second reading by roll-call vote, ayes 32, 

noes 0, as follows: Those voting in the affirmative are: Senators 

Allen, Bagnal, Bahakel, Robert J. Barker, Blanchard, Butner, Crawford, 
Folger, Garrison, Godwin, Gudger, Hardison, Henley, Horton, Kirby, Knox, 
Mills, Moore, Mullins, Poovey, Rauch, Raynor, Royall, Saunders, Scott, Lyn- 
wood Smith, McNeill Smith, Staton, Strickland, Taylor, White, Williamson 
— 32. The bill remains upon the Calendar. 

H. B. 1960, a bill to increase the membership of the board of commission- 
ers to five in the Town of Wagram and to authorize the appointment of 
two members to serve until the next election. Passes its second and 

third readings and is ordered enrolled. 

H. B. 1976, a bill to provide for an election in Tryon Township, Polk 
County, to ascertain the will of the voters as to whether the Tryon City 
Board of Education shall be elected. Passes its second and third read- 

ings and is ordered enrolled. 

H. B. 1897, upon motion of Senator Kirby, H. B. 1897, a bill to amend 
Article 25A of the General Statutes of North Carolina by rewriting General 
Statute 115-206.2, 115-206.3, and 115-206.4, is taken from the Committee on 
Calendar and re-referred to the Committee on Education. 

Upon motion of Senator Allen, the Senate adjourns to meet on Monday, 
at 8:00 P.M. 



ONE HUNDRED FORTY-SIXTH DAY 

Senate Chamber, 
Monday, March 25, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 



310 SENATE JOURNAL [Session 

Prayer is offered by Senator Charles B. Deane, Jr., Second Vice President 
of the Baptist State Convention. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of Friday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

The President grants leaves of absence to Senators White, Henley, Britt 
and Mullins for tonight. 

The President recognizes the following pages serving in the Senate this 
week: Jane Weaver, Conover; Terri Bentley, Stanley; Jim Ballou, Lumber- 
ton; Denise Medlin, Surf City; Sharon Saunders, Rockingham; William 
Crews, Butner; Steve Stone, Roxboro; Jackie Hughes, Newland; Lila Clark, 
Newland; Brenda Arnold, Newland; Charles Hughes, Linville; Cathy Yates, 
Canton; Blair Griffith, Raleigh; Kenny Morgan, Jacksonville; Betsy Strick- 
land, Chapel Hill; Conrad Strader, Reidsville; Sterling Powell, Wilmington; 
Marcelina Reed, Cherokee; Steven Ross, Wilson; Michael Williams, James- 
ville; Dawn Rufty, Lenoir; Dolph Sumner, Gastonia; Donna Daniel, Sims; 
Rebecca Hunt, Lucama; Sara Neel, Princeton; Jeff Haislip, Oak City; Mark 
Howard, Chapel Hill; George Edwards, Raleigh; Catherine Carroll, Fayette- 
ville; Taylor Koonce, Kinston. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. B. 590, an act to provide that persons residing in a city administrative 
school unit shall not participate in elections for members of the Alamance 
County Board of Education. 

S. B. 985, an act to amend General Statute 105-275 relative to classifica- 
tion of property stored for shipment to a foreign country. 

S. B. 1349, an act to amend General Statute 62-133 (c) in order to grant 
to the North Carolina Utilities Commission the authority, in its discretion, 
to use a current as well as a past test period in establishing public utility 
rates. 

S. B. 1410, an act to amend the unearned premium reserve requirement for 
domestic title insurance companies. 

H. B. 1631, an act to amend General Statute 87-10 to raise the monetary 
limits for an intermediate general contractor license. 

H. B. 1866, an act to amend General Statute 159-48 (d) of the Local 
Government Bond Act by providing that improvement of existing telephone 
services is a purpose for which bonds may be issued by a local government 
unit. 



1974] SENATE JOURNAL 311 

H. B. 1960, an act to increase the membership of the Board of Commis- 
sioners to five in the Town of Wagram and to authorize the appointment of 
two members to serve until the next election. 

H. B. 1976, an act to provide for an election in Tryon Township, Polk 
County, to ascertain the will of the voters as to whether the Tryon City 
Board of Education shall be elected. 

H. B. 1978, an act relating to games of "bingo" and "skilo" in the Town 
of Henderson. 

H. J. R. 2022, a joint resolution honoring David Wyeth Royster, prominent 
businessman and distinguished civic leader. 

H. J. R. 2100, a joint resolution honoring the life and memory of Meredith 
Hugh Thompson. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

S. B. 1454, by Senators Raynor and Henley, a bill relating to the payment 
of witness fees to officers qualified as witnesses during their off-duty 
hours. Referred to Committee on Calendar. 

Upon motion of Senator Bob L. Barker, the rules are suspended to permit 
the introduction of the following local bill: 

S. B. 1455, by Senators Bob L. Barker and Staton, a bill to prohibit 
setting or using trap of leg-gripping type in Harnett County. Referred 

to Committee on Calendar. 

S. B. 1456, by Senator McNeill Smith, a bill to require State agencies to 
perform energy consumption analyses on major construction or renovation 
of buildings. Referred to Committee on Calendar. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and disposed 
of as follows: 

H. B. 1921, a bill relating to fees collectable by the Board of Phar- 
macy. Referred to Committee on Calendar. 

H. B. 1951, a bill to annex to the City of Concord all territory lying within 
its outermost boundaries and not previously annexed or incorporated. 
Referred to Committee on Calendar. 

H. B. 2007, a bill to repeal the privilege tax on manufacturers, producers, 
bottlers and distributors of soft drinks, and to reduce the privilege tax on 
certain soft drink dispensers. Referred to Committee on Calendar. 



312 SENATE JOURNAL [Session 

H. B. 2040, a bill to classify property of veterans, Masonic, and other 
fraternal and civic and charitable orders and organizations for ad valorem 
tax purposes. Referred to Committee on Calendar. 

H. B. 2050, a bill to amend General Statute 18A-36 regarding the manu- 
facture of wine for private use. Referred to Committee on Calendar. 

H. J. R. 2052, a joint resolution honoring the life and memory of Margaret 
Baggett Dolan. Referred to Committee on Calendar. 

H. B. 2055, a bill to provide for dentention of juveniles on a statewide 
basis. Referred to Committee on Calendar. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

S. B. 1011, a bill to provide that the State Board of Elections shall be an 
independent agency. Upon motion of Senator Strickland, consideration 

of the bill is postponed until Tuesday, March 26. 

S. B. 1055, a bill to amend General Statute 14-26 so as to preclude from 
consideration sexual intercourse by carnal knowledge victim prior to age 
twelve. Upon motion of Senator Deane, consideration of the bill is 

postponed until Tuesday, March 26. 

S. B. 1185, a bill to amend Article 4, Chapter 113A of the North Carolina 
General Statutes relating to sedimentation pollution. The pending Committee 
amendment is withdrawn. Senator Staton offers an amendment which 

is adopted. Upon motion of Senator Allsbrook, seconded by Senator 

Williamson, consideration of the bill, as amended, is postponed until Wednes- 
day, March 27. 

S. J. R. 1299, a joint resolution requesting the managers of all places in 
which sporting and social events are held to play the National Anthem im- 
mediately prior to the commencement of any public sporting event or exhibi- 
tion which is conducted or engaged in primarily for the entertainment of 
spectators. Passes its second and third readings and is ordered sent 

to the House of Representatives. 

H. B. 1790, a bill to annex territory to the Town of Mesic, upon third 
reading. The bill passes its third reading by roll call-vote, ayes 32, 

noes 0, as follows: Those voting in the affirmative are: Senators 

Alford, Allen, Allsbrook, Bagnal, Bob L. Barker, Robert J. Barker, Blanch- 
ard, Deane, Folger, Garrison, Gudger, Hardison, Harrington, Kincaid, 
Kirby, Mauney, Mills, Murrow, Poovey, Rauch, Raynor, Royall, Saunders, 
Scott, Sharpe, Lynwood Smith, McNeill Smith, Stallings, Staton, Strick- 
land, Wilkie, Williamson — 32. The bill is ordered enrolled. 

Upon motion of Senator Williamson, the Senate adjourns to meet tomor- 
row at 1:30 P.M. 



1974] SENATE JOURNAL 313 

ONE HUNDRED FORTY-SEVENTH DAY 

Senate Chamber, 
Tuesday, March 26, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by the Reverend Charles Stevens, Pastor of Crabtree 
Valley Baptist Church. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading- of the Journal is dispensed 
with and it stands approved as written. 

enrolled bills 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of Secretary of 
State: 

H. B. 1453, an act to amend the North Carolina Consumer Finance Act. 

H. B. 1790, an act to annex territory to the Town of Mesic. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their 
titles, together with the reports accompanynig them and take their place 
on the Calendar, as follows: 

By Senator Kirby, for the Committee on Calendar: 

S. J. R. 1417, a joint resolution directing the State Board of Education 
to conduct a study of existing public school maintenance programs and 
present recommendations to the 1975 General Assembly for improvement 
of such programs, with a favorable report. 

H. J. R. 1084, a joint resolution concerning adult education programs for 
the University of North Carolina Television Network, with a favorable 
report. 

H. B. 1461, a bill to amend General Statute 90-96 relating to expunction 
of records, with a favorable report. 

H. B. 1900, a bill to amend General Statute 20-7 (f) so as to reward safe 
drivers by eliminating the requirement for taking written and road tests 
when applying for renewal of operator's license, with a favorable report. 

H. B. 1946, a bill authorizing the Department of Agriculture to control 
and eradicate the animal disease known as equine infectious anemia, with 
a favorable report. 

H. B. 2069, a bill to amend the charter of the Town of Fuquay-Varina 
relating to street and sidewalk improvements, with a favorable report. 



314 SENATE JOURNAL [Session 

By Senator Kirby for the Committee on Finance : 

S. B. 987, a bill to amend General Statute 105-141 (b) to exempt from 
taxation certain compensation paid to National Guardsmen, with a favorable 
report, as amended. 

S. B. 1260, a bill to amend General Statute 105-277.1 to classify property 
owned by a disabled person at a reduced valuation, with a favorable report. 

S. B. 1327, a bill to amend Article 2 of Chapter 20 of the General Statutes 
of North Carolina to increase the fee for an operator's license and a chauf- 
feur's license, with a favorable report. 

S. B. 1393, a bill to end franchise taxes on public in-service company, 
specifically amended, General Statute 105-116, with a favorable report. 

H. B. 1788, a bill to amend General Statute 7A-311 (a)(1) relating to 
civil process fees, with a favorable report. 

By Senator Britt, for the Committee on Judiciary No. 2 : 

S. B. 759, a bill to repeal General Statute 14-26 regarding obtaining carnal 
knowledge of virtuous girls between twelve and sixteen years old, without 
prejudice. Upon motion of Senator Britt, the rules are suspended, and 

the bill is placed on the Calendar for immediate consideration. Upon 

motion of Senator Britt, the bill is postponed indefinitely. 

S. B. 986, a bill to abolish governmental immunity in tort, without preju- 
dice. Upon motion of Senator Britt, the rules are suspended, and the 
bill is placed on the Calendar for immediate consideration. Upon 
motion of Senator Britt, the bill is postponed indefinitely. 

H. B. 1557, a bill to amend General Statute 20-316 concerning depart- 
mental hearings upon lapse of liability insurance coverage, without preju- 
dice. Upon motion of Senator Britt, the rules are suspended, and the 
bill is placed on the Calendar for immediate consideration. Upon 
motion of Senator Britt, the bill is postponed indefinitely. 

By Senator Gudger, for the Committee on Social Rehabilitation and Con- 
trol and Law Enforcement: 

S. B. 1044, a bill to amend Chapter 14B of the General Statutes to 
establish an inmate grievance commission, with an unfavorable report as 
to bill, favorable as to Committee Substitute bill, as amended. Upon 

motion of Senator Gudger, the Committee Substitute bill is placed on the 
Calendar for today. 

By Senator Harrington, for the Committee on Transportation : 

S. B. 1221, a bill to authorize the development of a comprehensive multi- 
modal transportation plan for the State of North Carolina, with a favor- 
able report, as amended. 



1974] SENATE JOURNAL 315 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of, 
as follows: 

S. B. 1457, by Senator Allen, a bill to provide for the taxation of the 
tangible personal property of State and national banks by local taxing 
jurisdiction. Referred to Committee on Calendar. 

S. J. R. 1458, by Senators Crawford and Mauney, a joint resolution 
honoring the ROTC units and members in North Carolina and our 
nation. Upon motion of Senator Mauney, the rules are suspended, 

and the joint resolution is placed on the Calendar for immediate considera- 
tion. Passes its second and third readings and is ordered sent, without 
objection, to the House of Representatives by special messenger. 

S. B. 1459, by Senator McNeill Smith, a bill to amend General Statute 
20-146.1 relating to the operation of motorcycles on the public high- 
ways. Referred to Committee on Calendar. 

S. J. R. 1460, by Senators Scott, Stallings, Rauch, Royall, Robert J. 
Barker, Bahakel, Mauney, Hardison, Garrison, Staton, Allsbrook, Bob L. 
Barker, Crawford, White, Folger, Deane, Williamson, McNeill Smith, Kirby, 
Alford, Mills, Lynwood Smith, and Saunders, a joint resolution honoring the 
life and memory of B. Everett Jordan, former United States Senator from 
North Carolina, who served his county, State, and nation with honor, 
devotion and distinction. Upon motion of Senator Scott, the rules are 

suspended, and the joint resolution is placed on the Calendar for immediate 
consideration. Passes its second and third readings and is ordered 

sent, without objection, to the House of Representatives by special messenger. 

Upon motion of Senator Folger, the rules are suspended to permit the 
introduction in today's Session of the following local bill: 

S. B. 1461, by Senator Folger, a bill dealing with the Board of Education 
of Elkin City School Administrative Unit. Referred to Committee on 

Calendar. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as 
follows : 

S. B. 670, Committee Substitute for S. B. 670, a bill to amend the 
Constitution of North Carolina to permit the General Assembly to enact 
local legislation regulating trade, upon second reading. Upon motion 

of Senator Mullins, consideration of the Committee Substitute bill is post- 
poned until Thursday, March 28. 



316 SENATE JOURNAL [Session 

SPECIAL ORDER NO. 1 

S. B. 972, Committee Substitute for S. B. 972 

The hour having arrived for the consideration of Special Order No. 1, 
the President of the Senate lays before the Senate Special Order No. 1, it 
being Committee Substitute for S. B. 972, a bill relating to management of 
the coastal area of North Carolina, as amended, upon third reading. 
Senator Mills offers an amendment, which is adopted. Senator Mills 

offers a second amendment which is adopted. Senator Mills offers a 

third amendment which is adopted. Senator Mills offers a fourth 

amendment, which is subsequently returned for revision. Senator 

Hardison offers an amendment. Senator Staton offers a substitute 

amendment. Senator Staton calls the previous question, seconded by 

Senator Rountree. The call is sustained. The substitute amend- 

ment is adopted. Senator Gudger offers an amendment which is 

adopted. Senator Gudger offers a second amendment. Senator Gud- 

ger withdraws the first part of the amendment. Senator Mills moves 

that the Committee Substitute bill, as amended, and pending amendments 
be re-referred to a Judiciary committee. Senator Staton moves that 

this motion do lie upon the table and calls for the "ayes" and "noes." 
The call is sustained. The motion prevails by roll-call vote, ayes 33, 

noes 6, as follows: Those voting in the affirmative are: Senators Alford, 

Allen, Allsbrook, Bagnal, Bahakel, Robert J. Barker, Blanchard, Britt, 
Coleman, Crawford, Deane, Gudger, Harrington, Henley, Horton, Hughes, 
Kincaid, Kirby, Mauney, Mullins, Murrow, Poovey, Raynor, Rountree, 
Royall, Saunders, Scott, Sharpe, Lynwood Smith, McNeill Smith, Staton, 
Taylor, White — 33. Those voting in the negative are: Senators Hardi- 

son, Mills, Stallings, Strickland, Wilkie, Williamson ■ — 6. The second 

amendment offered by Senator Gudger fails of adoption. Senator 

Hardison offers an amendment which is adopted. Senator Staton calls 

the previous question. Senator Allsbrook offers an amendment which 

fails of adoption. Senator Allsbrook offers a second amendment, and 

subsequently withdraws the amendment. Senator Allsbrook offers a 

third amendment, which fails of adoption. Senator Strickland moves 

that the Senate adjourn until 1:30 P.M. tomorrow, which motion fails to 
prevail. Senator Allsbrook offers a fourth amendment, which fails of 

adoption. Senator Staton calls the previous question, seconded by 

Senator Coleman. The call is sustained. Senator Staton calls for 

the "ayes" and "noes." The call is sustained. The Committee 

Substitute bill, as amended, passes its third reading by roll-call vote, ayes 
30, noes 11, as follows: Those voting in the affirmative are: Senators 

Alford, Allen, Allsbrook, Bagnal, Bahakel, Bob L. Barker, Robert J. 
Barker, Blanchard, Britt, Coleman, Deane, Gudger, Harrington, Henley, 
Horton, Hughes, Kincaid, Mullins, Murrow, Poovey, Raynor, Rountree, 
Royal, Saunders, Scott, Lynwood Smith, McNeill Smith, Staton, Taylor, 
White — 30. Those voting in the negative are : Senators Crawford, 

Hardison, Mills, Rauch, Rhyne, Sharpe, Somers, Stallings, Strickland, 
Wilkie, Williamson — 11. The following pair is announced: Senators 

Webster, "aye," Mauney, "no." The Committee Substitute bill, as 

amended, is ordered engrossed and sent to the House of Representatives. 



1974] SENATE JOURNAL 317 

S. B. 1044, Committee Substitute for S. B. 1044, a bill to amend Chapter 
148 of the General Statutes to establish an inmate grievance commis- 
sion. Upon motion of Senator Gudger, the Committee Substitute is 
adopted, and remains on the Calendar. 

S. J. R. 1447, a joint resolution urging the United States Congress to 
develop a national energy policy. Passes its second and third readings 

and is ordered sent to the House of Representatives. 

H. B. 463, Committee Substitute for H. B. 463, a bill to tax banks as 
other corporations, upon second reading. Senator Allen moves that 

the Committee Substitute bill be re-referred to the Committee on Finance, 
which motion fails to prevail. Senator Kirby calls the previous ques- 

tion, seconded by Senator Harrington. The call is sustained. The 

Committee Substitute bill passes its second reading by roll-call vote, ayes 
27, noes 10, as follows: Those voting in the affirmative are: Senators 

Alford, Bob L. Barker, Britt, Crawford, Garrison, Gudger, Hardison, 
Harrington, Hughes, Kincaid, Kirby, Knox, Mauney, Mills, Mullins, Murrow, 
Poovey, Rauch, Royall, Saunders, Scott, Sharpe, Stallings, Staton, Strick- 
land, Wilkie, Williamson — 27. Those voting in the negative are: 
Senators Allen, Bagnal, Robert J. Barker, Blanchard, Folger, Horton, 
Raynor, Rhyne, McNeill Smith, Taylor — 10. The following pairs are 
announced: Senators Godwin "aye," Coleman "no"; Moore "aye," Somers 
"no." Without objection, the following Senators are excused from 
voting: Senators Allsbrook, Bahakel, Henley, Rountree, Lynwood Smith, 
and White. The Committee Substitute bill remains on the Calendar. 

H. B. 328, Committee Substitute for H. B. 328. Upon motion of 

Senator Kirby, Committee Substitute for H. B. 328, a bill to make certain 
changes in the rules of the road portion of Chapter 20 of the General 
Statutes and to make related changes in Chapters 14 and 136 of the General 
Statutes, is taken from the Committee on Calendar and re-referred to the 
Committee on Judiciary No. 2. 

H. B. 1921. Upon motion of Senator Kirby, H. B. 1921, a bill 

relating to fees collectible by the Board of Pharmacy, is taken from the 
Comittee on Calendar and re-referred to the Committee on Finance. 

Upon motion of Senator Allsbrook, the Senate adjourns to meet tomorrow 

at 1:30 P.M. 



ONE HUNDRED FORTY-EIGHTH DAY 

Senate Chamber, 
Wednesday, March 27, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 



318 SENATE JOURNAL [Session 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

The President grants leave of absence to Senator Moore for today, and 
for Thursday and Friday, March 28 and 29. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Kirby, for the Committee on Calendar: 

S. B. 1423, a bill to regulate cemeteries operated for private gain, with a 
favorable report. 

S. B. 1450, a bill to amend General Statute 160A-167 to provide that 
county ABC boards may provide for the defense of their employees in civil 
or criminal actions involving their employment, with a favorable report. 

S. B. 1454, a bill relating to the payment of witness fees to officers 
qualified as witnesses during their off-duty hours, with a favorable report. 

S. B. 1459, a bill to amend General Statute 20-146.1 relating to the 
operation of motorcycles on the public highways, with a favorable report, 
as amended. 

H. B. 1086, a bill to require insurance companies which have previously 
canceled or terminated automobile liability insurance policies on policy- 
holders within this State and have subsequently reinstated or renewed 
such policies, to notify the North Carolina Department of Motor Vehicles of 
the same, with a favorable report. 

H. B. 1460, a bill to defray the costs of reinstatement of a corporation 
suspended under General Statute 105-230, with a favorable report. 

H. B. 1634, a bill to amend General Statute 20-166.1 to require drivers 
involved in accidents to furnish proof of financial responsibility on forms 
prescribed by the Department of Motor Vehicles, with a favorable report. 

H. B. 1670, a bill to permit a register of deeds to index limited partner- 
ship agreements solely in the name of the partnership, with a favorable 
report. 

H. B. 1874, a bill to establish procedures for disposition of juveniles with 
mental disorders, retardation, or impairment, with a favorable report. 

H. B. 1916, a bill to amend General Statute 20-81.1 relating to special 
plates for amateur and Class D citizen radio stations, with a favorable 
report, as amended. 



1974] SENATE JOURNAL 319 

H. B. 1945, a bill authorizing county and city boards of education to 
expend public funds to transport autistic and communications handicapped 
children, with a favorable report. 

By Senator Stallings, for the Committee on Local Government and 
Regional Affairs: 

S. B. 724, a bill relating to the tax collector of Columbus County, without 
prejudice. Upon motion of Senator Stallings, the rules are suspended, 

and the bill is placed on the Calendar for immediate consideration. 
Upon motion of Senator Stallings, the bill is postponed indefinitely. 

S. B. 725, a bill to increase the salaries of county employees and officials 
in Columbus County, without prejudice. Upon motion of Senator 

Stallings, the rules are suspended, and the bill is placed on the Calendar 
for immediate consideration. Upon motion of Senator Stallings, the 

bill is postponed indefinitely. 

S. B. 1036, a bill to enlarge and extend the corporate limits of the Town 
of West Jefferson, North Carolina, without prejudice. Upon motion of 

Senator Stallings, the rules are suspended, and the bill is placed on the 
Calendar for immediate consideration. Upon motion of Senator 

Stallings, the bill is postponed indefinitely. 

S. B. 1256, a bill to authorize county boards of commissioners to organize 
county or area Departments of Human Resources, with a favorable report, 
as amended. 

H. B. 750, a bill to limit those voting for the members of the Wake 
County Board of Education to the eligible voters residing in the Wake 
County School Administrative Unit, with a favorable report. 

H. B. 1699, a bill to provide staggered terms for the Stokes County Board 
of Commissioners, with a favorable report. 

By Senator Saunders, for the Committee on Manufacturing, Labor and 
Commerce : 

S. B. 67, a bill to provide workmen's compensation benefits where epilepsy 
results from an injury covered by the Act, without prejudice. Upon 

motion of Senator Saunders, the rules are suspended, and the bill is placed 
on the Calendar for immediate consideration. Upon motion of Senator 

Saunders, the bill is postponed indefinitely. 

S. B. 82, a bill to provide equal employment security benefits to all 
eligible individuals regardless of their sex, without prejudice. Upon 

motion of Senator Saunders, the rules are suspended, and the bill is 
placed on the Calendar for immediate consideration. Upon motion of 

Senator Saunders, the bill is postponed indefinitely. 

S. B. 83, a bill to provide for the limitation of hours of employment, 
without prejudice. Upon motion of Senator Saunders, the rules are 

suspended, and the bill is placed on the Calendar for immediate con- 
sideration. Upon motion of Senator Saunders, the bill is postponed 
indefinitely. 

11 



320 SENATE JOURNAL [Session 

S. B. 476, a bill to amend the Workmen's Compensation Act regarding 
benefits, without prejudice. Upon motion of Senator Saunders, the 

rules are suspended, and the bill is placed on the Calendar for immediate 
consideration. Upon motion of Senator Saunders, the bill is post- 

poned indefinitely. 

S. B. 671, a bill to increase the minimum wage to one dollar and eighty 
cents, without prejudice. Upon motion of Senator Saunders, the 

rules are suspended, and the bill is placed on the Calendar for immediate 
consideration. Upon motion of Senator Saunders, the bill is postponed 

indefinitely. 

S. B. 850, a bill to amend the Workmen's Compensation Act regarding 
coverage of employers of farm laborers and domestic servants, with an 
unfavorable report. 

S. B. 1230, a bill to amend the Workmen's Compensation Act regarding 
coverage of certain employers and employees, with an unfavorable report. 

H. B. 1648, Committee Substitute for H. B. 1648, a bill to amend the 
Workmen's Compensation Act regarding medical treatment, with a favorable 
report. 

H. B. 1783, Committee Substitute for H. B. 1783, a bill to amend Chapter 
96 of the General Statutes known as the Employment Security Law, with a 
favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time and disposed of, 
as follows: 

Upon the motion of Senator Bob L. Barker, the rules are suspended to 
permit the introduction in today's Session of the following local bill: 

S. B. 1462, by Senator Bob L. Barker, a bill to amend Chapter 6, Private 
Laws of North Carolina 1840-1841, as amended, pertaining to acquisition 
and construction of hospital facilities by trustees of Rex Hospital, Raleigh, 
North Carolina. Referred to Committee on Calendar. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and disposed 
of, as follows: 

H. B. 1654, a bill to increase the jurisdiction amount for magistrate's 
court from three hundred dollars ($300.00) to five hundred dollars 
($500.00). Referred to Committee on Calendar. 

H. B. 1752, a bill to amend General Statute 105-304 to make clear where 
certain tangible personal property is to be listed for taxation and to amend 
and clarify the statutes relating to the valuation of the property of public 
service companies. Referred to Committee on Calendar. 



1974] SENATE JOURNAL 321 

H. J. R. 2093, a joint resolution designating March 29, 1974, as "Vietnam 
Veterans Day". Upon motion of Senator Mauney, the rules are sus- 

pended, and the joint resolution is placed on the Calendar for immediate 
consideration. Passes its second and third readings and is ordered 

enrolled. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as 
follows : 

S. B. 708, a bill to determine the location of the State Art Museum, upon 
third reading. Senator Scott moves that consideration of the bill be 

postponed until Tuesday, April 2, which motion prevails. 

S. J. R. 842, a joint resolution of the House of Representatives and the 
Senate memorializing the Congress of the United States to call a Con- 
stitutional Convention for the purpose of proposing an amendment to the 
Constitution of the United States authorizing voluntary prayers and 
Bible reading in the public schools of any state. Upon motion of 

Senator Wilkie, the joint resolution is recommitted to the Committee on 
Constitution. 

S. B. 987, a bill to amend General Statute 105-141 (b) to exempt from 
taxation certain compensation paid to National Guardsmen, upon second 
reading. Upon motion of Senator Kirby, the Committee amendment 

is adopted. The bill, as amended, passes its second reading by roll-call 

vote, ayes, 38, noes 0, as follows: Those voting in the affirmative are: 

Senators Alford, Allen, Allsbrook, Bagnal, Bahakel, Robert J. Barker, 
Blanchard, Coleman, Crawford, Deane, Garrison, Godwin, Gudger, Hardison, 
Harrington, Henley, Horton, Kirby, Mauney, Mullins, Murrow, Poovey, 
Rauch, Raynor, Rhyne, Royall, Saunders, Scott, Sharpe, Lynwood Smith, 
McNeill Smith, Somers, Stallings, Staton, Strickland, White, Wilkie, Wil- 
liamson — 38. The bill, as amended, remains on the Calendar. 

S. B. 1011, a bill to provide that the State Board of Elections shall be an 
independent agency. Upon motion of Senator Staton, the Committee 

amendment is adopted. The bill, as amended, passes its second and 

third readings and is ordered engrossed and sent to the House of Repre- 
sentatives. 

S. B. 1044, Committee Substitute for S. B. 1044, a bill to amend Chapter 
148 of the General Statutes to establish an inmate grievance commis- 
sion. Upon motion of Senator Gudger, the amendments offered in 
Committee are adopted. Senator Gudger moves that the amendments 
offered in Committee be incorporated in the Committee Substitute bill and 
that the Committee Substitute bill be placed on the Calendar for Friday, 
March 29, which motion prevails. 

S. B. 1055, a bill to amend General Statute 14-26 so as to preclude from 
consideration sexual intercourse by carnal knowledge victim prior to age 
twelve. Upon motion of Senator Allsbrook, consideration of the bill 

is postponed until Thursday, March 28. 



322 SENATE JOURNAL [Session 

S. B. 1106, a bill relating to the management of the emergency energy 
crisis of North Carolina, as amended. Senator Staton offers an 

amendment which is adopted. Upon motion of Senator Henley, the 

bill, as amended, is re-referred to the Committee on Judiciary No. 2. 

S. B. 1139, a bill to eliminate retroactively welfare liens and claims 
created pursuant to General Statute 108-29 prior to April 16, 1973. 
Upon motion of Senator Raynor, the bill is recommitted to the Committee 
on Judiciary No. 2. 

S. B. 1185, a bill to amend Article 4, Chapter 113A of the North Carolina 
General Statutes relating to sedimentation pollution, as amended. 
The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 1221, a bill to authorize the development of a comprehensive multi- 
modal transportation plan for the State of North Carolina. Upon 
motion of Senator Horton, the Committee amendment is adopted. The 
bill, as amended, passes its second reading. Upon objection of Senator 
Scott to its third reading, the bill, as amended, remains on the Calendar. 

S. B. 1260, a bill to amend General Statute 105-277.1 to classify property 
owned by a disabled person at a reduced valuation, upon second reading. 
The bill passes its second reading by roll-call vote, ayes 43, noes 0, as 
follows: Those voting in the affirmative are: Senators Alford, Allen, 

Allsbrook, Bagnal, Bahakel, Bob L. Barker, Robert J. Barker, Blanchard, 
Coleman, Crawford, Deane, Folger, Gudger, Hardison, Harrington, Henley, 
Horton, Hughes, Kincaid, Kirby, Mauney, Mills, Mullins, Murrow, Poovey, 
Rauch, Raynor, Rhyne, Rountree, Royall, Saunders, Scott, Sharpe, Lynwood 
Smith, McNeill Smith, Somers, Stallings, Staton, Strickland, Taylor, White, 
Wilkie, Williamson — 43. The bill remains on the Calendar. 

S. B. 1303, a bill to amend the North Carolina Outdoor Advertising 
Control Act, as amended. The bill, as amended, passes its second 

reading. Upon objection of Senator Hughes to its third reading, the 

bill, as amended, remains on the Calendar. 

S. B. 1311, a bill to amend General Statute 148-33.1 to provide for resti- 
tution by prisoners employed in the free community, as amended, upon 
third reading. Senator Crawford offers an amendment which is 

adopted. The bill, as amended, passes its third reading and is ordered 

engrossed and sent to the House of Representatives. 

S. B. 1319, a bill to authorize the governing board of the Criminal Justice 
Academy to enter into certain contracts without complying with the 
provisions of Article 8 of Chapter 143 of the General Statutes. Upon 

motion of Senator Gudger, the Committee amendment is adopted. 
Upon motion of Senator Robert J. Barker, consideration of the bill, as 
amended, is postponed until Monday, April 1. 

S. B. 1325, a bill to amend Chapter 58 of the General Statutes of North 
Carolina by adding a new Article thereto to be known as Article 17C. 
Passes its second and third readings and is ordered sent to the House of 
Representatives. 



1974] SENATE JOURNAL 323 

S. B. 1327, a bill to amend Article 2 of Chapter 20 of the General 
Statutes of North Carolina to increase the fee for an operator's license and 
a chauffeur's license, upon second reading. The bill passes its second 

reading by roll-call vote, ayes 29, noes 4, as follows: Those voting in 

the affirmative are: Senators Alford, Allen, Allsbrook, Bahakel, Blanchard, 
Coleman, Folger, Garrison, Gudger, Hardison, Harrington, Henley, Horton, 
Kincaid, Kirby, Knox, Mauney, Mills, Mullins, Poovey, Raynor, Scott, 
Sharpe, McNeill Smith, Stallings, Staton, White, Wilkie, Williamson 
— 29. Those voting in the negative are: Senators Robert J. Barker, 

Deane, Royall, Somers — 4. The bill remains on the Calendar. 

S. B. 1393, a bill to end franchise taxes on public in-service company, 
specifically amended, General Statute 105-116, upon second reading. 
Senator Staton offers an amendment which is adopted. The bill, as 

amended, passes its second reading by roll-call vote, ayes 40, noes 0, as 
follows: Those voting in the affirmative are: Senators Alford, Allen, 

Allsbrook, Bagnal, Bahakel, Robert J. Barker, Blanchard, Coleman, Craw- 
ford, Deane, Folger, Garrison, Gudger, Hardison, Harrington, Henley, 
Horton, Hughes, Kincaid, Kirby, Mauney, Mills, Mullins, Murrow, Poovey, 
Rauch, Raynor, Rountree, Royall, Saunders, Scott, Sharpe, Lynwood Smith, 
Somers, Stallings, Staton, Strickland, White, Wilkie, Williamson — 40. 
The bill, as amended, remains on the Calendar. 

S. B. 1396, a bill to provide for securing competitive proposals for leasing 
of space by the State. Senator Williamson calls for the "ayes" and 

"noes" on the second reading of the bill. The call is sustained. 

Senator Rountree moves that the bill be re-referred to the Committee on 
State Government. Senator Knox calls for the "ayes" and "noes" on 

the motion to re-refer. The motion fails to prevail by roll-call vote, 

ayes 11, noes 28, as follows: Those voting in the affirmative are: 

Senators Allen, Bagnal, Robert J. Barker, Blanchard, Horton, Hughes, 
Kincaid, Mauney, Mullins, Rountree, Strickland — 11. Those voting 

in the negative are: Senator Alford, Bahakel, Bob L. Barker, Britt, Craw- 
ford, Deane, Folger, Garrison, Godwin, Gudger, Hardison, Harrington, 
Henley, Kirby, Knox, Poovey, Raynor, Royall, Saunders, Scott, Sharpe, 
McNeill Smith, Somers, Stallings, Staton, White, Wilkie, Williamson — 
28. Senator Williamson calls the previous question, seconded by 

Senator Mauney. The call is sustained. The bill passes its sec- 

ond reading by roll-call vote, ayes 33, noes 6, as follows: Those voting 

in the affirmative are: Senators Alford, Allen, Bahakel, Bob L. Barker, 
Robert J. Barker, Blanchard, Britt, Crawford, Deane, Folger, Garrison, 
Godwin, Gudger, Hardison, Harrington, Henley, Hughes, Kirby, Knox, 
Mills, Poovey, Raynor, Royall, Saunders, Scott, Sharpe, McNeill Smith, 
Somers, Stallings, Staton, White, Wilkie, Williamson — 33. Those 

voting in the negative are: Senators Bagnal, Horton, Mauney, Mullins, 
Rountree, Strickland — 6. Upon objection of Senator Rountree to its 

third reading, the bill remains on the Calendar. 

S. B. 1406, a bill to amend General Statute 148-33.1 to permit inmates 
serving life sentences to become eligible for work release consideration 
after serving nine years. The bill passes its second reading. 



324 SENATE JOURNAL [Session 

Upon objection of Senator Horton to its third reading, the bill remains on 
the Calendar. 

S. B. 1409, a bill to adopt a revised private passenger automobile classi- 
fication plan. Senator Allen moves that consideration of the bill be 
postponed until Thursday, March 28, which motion fails to prevail. 
Senator Deane moves that the bill do lie upon the table, which motion 
prevails. 

S. J. R. 1417, a joint resolution directing the State Board of Education to 
conduct a study of existing public school maintenance programs and present 
recommendations to the 1975 General Assembly for improvement of such 
programs. Passes its second and third readings and is ordered sent to 

the House of Representatives. 

H. B. 166, Committee Substitute for H. B. 166, a bill to rewrite Article 
11 of Chapter 90 of the General Statutes relating to veterinarians, upon 
second reading. Upon motion of Senator Kirby, consideration of the 

Committee Substitute bill is postponed until Thursday, March 28. 

H. B. 463, Committee Substitute for H. B. 463, a bill to tax banks as 
other corporations, upon third reading. The bill passes its third read- 

ing by roll-call vote, ayes 24, noes 9, as follows: Those voting in the 

affirmative are : Senators Bob L. Barker, Crawford, Garrison, Godwin, 
Gudger, Hardison, Harrington, Hughes, Kincaid, Kirby, Mauney, Mills, 
Mullins, Murrow, Poovey, Royall, Saunders, Sharpe, Lynwood Smith, Stal- 
lings, Staton, Strickland, Wilkie, Williamson — 24. Those voting in 

the negative are: Senators Allen, Robert J. Barker, Blanchard, Deane, 
Horton, Raynor, Rhyne, McNeill Smith, Taylor — 9. The following 

pair is announced: Senators Moore "aye", Coleman "no". Without 

objection, Senators White and Henley are excused from voting. The 

Committee Substitute bill is ordered enrolled. 

H. B. 1243, a bill to exempt the house-to-house sale of magazines from 
sales tax, as amended, upon third reading. Senator Somers offers an 

amendment. Senator Robert J. Barker moves that consideration of 

the bill, as amended, and pending amendment be postponed until Tuesday, 
April 2. Senator Knox offers a substitute motion that the bill, as 

amended, and pending amendment do lie upon the table, which motion is 
subsequently withdrawn. The motion offered by Senator Robert J. 

Barker fails to prevail. Senator Somers withdraws his amend- 

ment. The bill, as amended, passes its third reading and is ordered 

sent to the House of Representatives for concurrence in the Senate amend- 
ment. 

Bf. B. 1468, a bill to classify and exclude from the tax base municipal 
parking facilities. Upon motion of Senator Hardison, the bill is re- 

committed to the Committee on Local Government and Regional Affairs. 

H. B. 1546, a bill to establish an advisory council to the State Board of 
Education to be called "The Council on Educational Services for Exceptional 
Children." Upon motion of Senator Rauch, the Committee amendment 

is adopted. The bill, as amended, passes its second reading. 



1974] SENATE JOURNAL 325 

Upon objection of Senator Gudger to its third reading the bill, as amended, 
remains on the Calendar. 

H. B. 2069, a bill to amend the charter of the Town of Fuquay-Varina 
relating to street and sidewalk improvements, upon second reading. 
The bill passes its second reading by roll-call vote, ayes 32, noes 0, as 
follows: Those voting in the affirmative are: Senators Allen, Bob L. 

Barker, Blanchard, Crawford, Deane, Folger, Garrison, Godwin, Gudger, 
Hardison, Harrington, Henley, Hughes, Kincaid, Mauney, Mills, Mullins, 
Murrow, Poovey, Raynor, Rhyne, Royall, Saunders, Sharpe, Lynwood 
Smith, Stallings, Staton, Strickland, Taylor, White, Wilkie, Williamson — 
32. The bill remains on the Calendar. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representa- 
tives : 

H. B. 747 House of Representatives 

March 27, 1974 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the 
information that the House fails to concur in the Senate amendment to 
House Bill No. 747, "a bill to be entitled an act to provide for annexation 
by cities of areas not contiguous to the corporate limits upon unanimous 
petition of the property owners in such areas," and requests conferees. 
Mr. Speaker Ramsey has appointed Representatives Johnson of Wake, 
DeBruhl, and Lawing on the part of the House to confer with a like com- 
mittee appointed by the Senate to the end that the differences arising may 
be adjusted. 

Respectfully, 

Grace Collins 
Principal Clerk 

Senator Kirby moves that conferees be appointed, which motion pre- 
vails. The President appoints Senators Kirby, Mills, and Rountree 
as conferees on the part of the Senate and a message is ordered sent to the 
House of Representatives informing that Honorable Body of such action. 

S. B. 972, Committee Substitute for S. B. 972, a bill relating to manage- 
ment of the coastal area of North Carolina. Senator Allsbrook moves 
the vote by which Committee Substitute for S. B. 972, as amended, passed 
its third reading be reconsidered, seconded by Senator Stallings. Sen- 
ator Staton makes a substitute motion that the motion offered by Senator 
Allsbrook do lie upon the table, which motion prevails. 

Upon motion of Senator Allen, the Senate adjourns to meet tomorrow at 
1:30 P.M. 



326 SENATE JOURNAL [Session 

ONE HUNDRED FORTY-NINTH DAY 

Senate Chamber, 
Thursday, March 28, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator White for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found to 
be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State : 

S. B. 1174, an act to provide for the election of the Board of Commis- 
sioners of the Town of Cerro Gordo and to appoint an additional member. 

S. B. 1305, an act to amend Chapter 713 of the Session Laws of 1965, as 
amended, being the charter of the City of Charlotte, by deleting Chapter 
VIII relative to a recorder's court. 

S. B. 1306, an act to amend Chapter 713 of the Session Laws of 1965, as 
amended, being the charter of the City of Charlotte relating to eminent 
domain. 

S. B. 1312, an act to establish residence districts for the purpose of 
electing members of the Gates County Board of Education. 

S. B. 1328, an act to validate the election held in Plymouth on November 
6, 1973. 

S. B. 1329, an act to establish residence districts for the purpose of 
electing the Board of County Commissioners of Gates County. 

S. B. 1336, an act to abolish the office of coroner in Craven County and 
Davidson County. 

S. B. 1339, an act to amend the charter of the City of Greensboro, as 
revised and reorganized by Chapter 1137 of the Session Laws of 1959, and 
as amended, to grant authority for joint participation with Guilford County 
in community action programs. 

S. B. 1370, an act to validate the recording of certain maps in Avery 
County. 

H. B. 463, an act to tax banks as other corporations. 

H. J. R. 2093, a joint resolution designating March 29, 1974, as "Vietnam 
Veterans Day." 



1974] SENATE JOURNAL 327 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Kirby, for the Committee on Calendar: 

S. B. 1387, a bill relating to the establishment of a local government 
center, with a favorable report. 

S. B. 1391, a bill to repeal Chapter 39, Article 5, of the North Carolina 
Statutes, with a favorable report. 

S. B. 1420, a bill to amend Article V of the Constitution of North Carolina 
to authorize the issuance of revenue bonds to finance industrial facilities 
including pollution control facilities, land or equipment related thereto, with 
a favorable report, as amended. 

S. B. 1449, a bill to revive "North Carolina Pollution Abatement and 
Industrial Facilities Financing Act" (Chapter 159 A of the North Carolina 
General Statutes) , with a favorable report. 

S. B. 1451, a bill to amend General Statute 135-5.1 concerning employee 
contribution to optional retirement programs, with a favorable report. 

H. B. 1695, a bill relating to the game of bingo in the County of Onslow, 
with a favorable report. 

H. B. 1808, a bill amending General Statute 24-14 relating to loans 
secured by secondary or junior mortgages, with a favorable report, as 
amended. 

H. B. 1918, a bill to rewrite General Statute 113-102 relating to protected 
and unprotected game, with a favorable report. 

H. B. 1966, a bill to amend General Statute 55-52 (i) of the Business 
Corporation Act to provide that treasury stock shall have rights to partic- 
ipate in stock dividends, with a favorable report. Upon motion of 
Senator Kirby, the rules are suspended, and the bill is placed on today's 
Calendar. 

By Senator Stallings, for the Committee on Local Government and 
Regional Affairs: 

H. B. 1468, a bill to classify and exclude from the tax base municipal 
parking facilities, with an unfavorable report. 

H. B. 1823, a bill to exempt Carteret County from the provisions of 
Article 5 of Chapter 39 of the General Statutes, with an unfavorable report. 

H. B. 1864, a bill to incorporate the Rural Hall Sanitary District into a 
municipality to be known as the Town of Rural Hall, with a favorable 
report. 



328 SENATE JOURNAL [Session 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

S. B. 1463, by Senators Stallings and Williamson, a bill to amend General 
Statute 18A-47(a) (1) permitting unfortified wines to enter this State for 
the purpose of sale prior to being placed on the approved wine list. 
Referred to Committee on Calendar. 

S. B. 1464, by Senator Rountree, a bill to clarify insanity with respect to 
adoption of minor children. Referred to Committee on Calendar. 

S. B. 1465, by Senator Rountree, a bill relating to the game laws in 
Pender and Duplin Counties. Referred to Committee on Calendar. 

S. B. 1466, by Senators Kirby and Rountree, a bill to exempt the North 
Carolina State Ports Authority from the provisions of Article 3 of Chapter 
143 of the General Statutes in selling its railroad equipment. Referred 

to Committee on Calendar. 

S. B. 1467, by Senator Bob L. Barker, a bill to amend General Statute 
62-119(3) as the same relates to radio common carriers. Referred to 

Committee on Calendar. 

S. J. R. 1468, by Senators Hughes, Kincaid, Butner, Wilkie, Somers, 
Robert J. Barker, Blanchard, Mullins, Rhyne, Crawford, Hardison, Poovey, 
Saunders, Alford, Royall, Mauney, White, Bob L. Barker, Garrison, Stal- 
lings, Allen, Strickland, Lynwood Smith, Henley, Scott, Harrington, Gudger, 
Britt, Bagnal, McNeill Smith, Bahakel, Deane, Godwin, Sharpe, Raynor, 
Folger, Murrow, Williamson, Moore, Rauch, Webster, Horton, Staton, Alls- 
brook, Coleman, Kirby, Rountree, Knox, Mills and Taylor, a joint resolution 
honoring Tommy Burleson for his outstanding achievements as a North 
Carolina State University basketball player. Referred to Committee 

on Calendar. 

S. B. 1469, by Senator Scott, a bill to amend Chapter 722 of the 1971 
Session Laws with respect to a partially self-liquidating project. 
Referred to Committee on Appropriations. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of as follows: 

S. B. 1220, a bill to amend Chapter 546, Session Laws of 1963, to 
determine the distribution of certain income from the beverage control 
stores of the Town of Granite Falls, for concurrence in the House amend- 
ments. Upon motion of Senator Kincaid, the Senate concurs in the 
House amendments and the bill is ordered enrolled. 

H. B. 1059, Committee Substitute for H. B. 1059, a bill to change the date 
of exemption from examination for licenses by practicing plumbing and 



1974] SENATE JOURNAL 329 

heating contractors to December 31, 1973. Referred to Committee on 

Calendar. 

H. B. 2080, a bill to authorize the Gaston County Board of Commissioners 
to set the compensation of the members of the Gaston County Board of 
Education. Referred to Committee on Calendar. 

H. B. 2082, a bill to provide that absentee voting shall be permitted in 
all municipal elections in the Cities of Greensboro and High Point. 
Referred to Committee on Calendar. 

H. B. 2094, a bill to fix the compensation of members of the New Bern 
City School District Board of Education. Referred to Committee on 

Calendar. 

H. B. 2099, a bill to prohibit setting or using traps of leg-gripping type in 
Duplin County. Referred to Committee on Calendar. 

H. B. 2102, a bill to amend Chapter 262, 1967 Session Laws, relative to 
the compensation provided to members of the Vance County Board of 
Education. Referred to Committee on Calendar. 

H. B. 2103, a bill providing for the nomination and election of the 
members of the Reidsville City Board of Education. Referred to 

Committee on Calendar. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

S. B. 670, Committee Substitute for S. B. 670, a bill to amend the Con- 
stitution of North Carolina to permit the General Assembly to enact local 
legislation regulating trade, upon second reading. Upon motion of 

Senator Mullins, the Committee Substitute bill is postponed until Wednes- 
day, April 3. 

S. B. 987, a bill to amend General Statute 105-141 (b) to exempt from 
taxation certain compensation paid to National Guardsmen, as amended, 
upon third reading. The bill, as amended, passes its third reading by 

roll-call vote, ayes 40, noes 0, as follows: Those voting in the affirma- 

tive are: Senators Alford, Allen, Allsbrook, Bagnal, Bahakel, Bob L. Barker, 
Robert J. Barker, Blanchard, Britt, Butner, Crawford, Deane, Folger, 
Garrison, Godwin, Gudger, Hardison, Harrington, Henley, Horton, Kincaid, 
Kirby, Knox, Mauney, Mills, Mullins, Poovey, Rauch, Raynor, Rhyne, 
Royall, Saunders, Scott, Sharpe, Lynwood Smith, Stallings, Strickland, 
White, Wilkie, Williamson — 40. The bill, as amended, is ordered 

engrossed and sent to the House of Representatives. 

S. B. 1055, a bill to amend General Statute 14-26 so as to preclude from 
consideration sexual intercourse by carnal knowledge victim prior to age 
twelve. Upon motion of Senator Rountree, consideration of the bill is 

postponed until Thursday, April 4. 



330 SENATE JOURNAL [Session 

S. B. 1221, a bill to authorize the development of a comprehensive multi- 
modal transportation plan for the State of North Carolina, as amended, 
upon third reading. Upon motion of Senator Horton, the bill, as 

amended, is re-referred to the Committee on Appropriations. 

S. B. 1256, a bill to authorize county boards of commissioners to organize 
county or area departments of human resources. Upon motion of 

Senator Stallings, the Committee amendments are adopted. Senator 

Stallings moves that consideration of the bill, as amended, be postponed 
until Tuesday, April 2. Senator Britt makes a substitute motion to 

re-refer the bill, as amended, to the Committee on Local Government, which 
motion prevails. 

S. B. 1260, a bill to amend General Statute 105-277.1 to classify property 
owned by disabled person at a reduced valuation, upon third reading. 
The bill passes its third reading by roll-call vote, ayes 40, noes 0, as 
follows: Those voting in the affirmative are: Senators Alford, Allen, 

Allsbrook, Bagnal, Bahakel, Bob L. Barker, Robert J. Barker, Blanchard, 
Butner, Crawford, Deane, Folger, Garrison, Godwin, Gudger, Hardison, 
Harrington, Henley, Horton, Kincaid, Kirby, Knox, Mauney, Mills, Mullins, 
Poovey, Rauch, Raynor, Rhyne, Royall, Saunders, Scott, Sharpe, Lynwood 
Smith, Somers, Stallings, Strickland, White, Wilkie, Williamson — 40. 
The bill is ordered sent to the House of Representatives. 

S. B. 1303, a bill to amend the North Carolina Outdoor Advertising 
Control Act, as amended, upon third reading. The bill, as amended, 

fails to pass its third reading. 

S. B. 1320, a bill to amend General Statute 20-19 pertaining to period 
of suspension for D. U. I. Upon motion of Senator Folger, the Com- 

mittee amendments are adopted. Senator Coleman offers an amend- 

ment which is adopted. The bill, as amended, passes its second read- 

ing. Senator Folger objects to the third reading and upon his motion, 

the bill, as amended, is placed on the Calendar for Monday, April 1. 

S. B. 1327, a bill to amend Article 2 of Chapter 20 of the General Statutes 
of North Carolina to increase the fee for an operator's license and a 
chauffeur's license, upon third reading. Upon motion of Senator Knox, 

consideration of the bill is postponed until Tuesday, April 2. 

S. B. 1393, a bill to end franchise taxes on public in-service company, 
specifically amended, General Statute 105-116, upon third reading. 
Upon motion of Senator Knox, consideration of the bill is postponed until 
Monday, April 1. 

S. B. 1396, a bill to provide for securing competitive proposals for leasing 
of space by the State, upon third reading. Senator Bagnal offers an 

amendment. Senator Williamson calls for the "ayes" and "noes". 

The call is sustained. The amendment offered by Senator Bagnal fails 

of adoption by roll-call vote, ayes 12, noes 27, as follows : Those voting 

in the affirmative are: Senators Bagnal, Robert J. Barker, Blanchard, 
Butner, Horton, Hughes, Mullins, Poovey, Rountree, Sharpe, Strickland, 
Taylor — 12. Those voting in the negative are : Senators Alford, 



1974] SENATE JOURNAL 331 

Allsbrook, Bahakel, Bob L. Barker, Britt, Coleman, Crawford, Deane, 
Folger, Garrison, Godwin, Gudger, Hardison, Harrington, Kirby, Mauney, 
Rauch, Raynor, Royall, Scott, Lynwood Smith, McNeill Smith, Somers, 
Staton, White, Wilkie, Williamson — 27. Senator Staton offers an 

amendment which is adopted. The bill, as amended, passes its third 

reading and is ordered engrossed and sent to the House of Representatives, 
without objection, by special messenger. Senator Taylor requests to 

be recorded as voting "aye". 

S. B. 1406, a bill to amend General Statute 148-33.1 to permit inmates 
serving life sentences to become eligible for work release consideration after 
serving nine years, upon third reading. The bill passes its third read- 

ing and is ordered sent to the House of Representatives. 

S. B. 1421, a bill to amend Chapter 66-58 of the General Statutes relating 
to business operations of campus stores at state-supported institutions. 
Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 1422, a bill to amend General Statute 143-135.3 relating to the 
procedure for settling controversies arising from contracts. Passes its 

second and third readings and is ordered sent to the House of Represen- 
tatives. 

S. B. 1423, a bill to regulate cemeteries operated for private gain. 
Senator Bagnal offers an amendment which is adopted. The bill, as 

amended, passes its second reading. Senator White objects to the 

third reading and upon his motion the bill, as amended, is placed on the 
Calendar for Monday, April 1. 

S. B. 1438, a bill to amend General Statute 55-52 (i) of the Business 
Corporation Act to provide that treasury stock shall have rights to partic- 
ipate in stock dividends. Upon motion of Senator Kirby, consideration 
of the bill is postponed indefinitely. 

S. J. R. 1444, a joint resolution for the appointment of a legislative study 
commission on design, construction and inspection of public facilities. 
Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 1446, a bill to increase the allowable maximum gross weight of 
vehicles having five or more axles. Upon motion of Senator Rauch, 

the Committee amendment is adopted. Senator Rauch offers an amend- 

ment which is adopted. The bill, as amended, passes its second and 

third readings and is ordered engrossed and sent to the House of Represen- 
tatives. 

S. B. 1450, a bill to amend General Statute 160A-167 to provide that 
county ABC boards may provide for the defense of their employees in civil 
or criminal actions involving their employment. Passes its second and 

third readings and is ordered sent to the House of Representatives. 



332 SENATE JOURNAL [Session 

S. B. 1454, a bill relating to the payment of witness fees to officers 
qualified as witnesses during their off-duty hours. Passes its second 

and third readings and is ordered sent to the House of Representatives. 

S. B. 1459, a bill to amend General Statute 20-146.1 relating to the 
operation of motorcycles on the public highways. Upon motion of 

Senator McNeill Smith, the committee amendment is adopted. The bill, 

as amended, passes its second and third readings and is ordered engrossed 
and sent to the House of Representatives. 

H. B. 166, Committee Substitute for H. B. 166, a bill to rewrite Article 
11 of Chapter 90 of the General Statutes relating to veterinarians, upon 
second reading. Senator White offers an amendment, held not to be 

material, which is adopted. Senator Deane offers an amendment, held 

not to be material, which is adopted. The Committee Substitute bill, 

as amended, passes its second reading by roll-call vote, ayes 34, noes 1, as 
follows: Those voting in the affirmative are: Senators Alford, Alls- 

brook, Bagnal, Bahakel, Bob L. Barker, Robert J. Barker, Blanchard, Britt, 
Butner, Coleman, Crawford, Deane, Folger, Garrison, Gudger, Hardison, 
Harrington, Horton, Hughes, Kirby, Mauney, Mullins, Poovey, Rauch, 
Royall, Saunders, Scott, Lynwood Smith, Stallings, Staton, Strickland, 
White, Wilkie, Williamson — 34. Voting in the negative is: Senator 

Sharpe — 1. The Committee Substitute bill, as amended, remains on 

the Calendar. 

H. B. 750, a bill to limit those voting for the members of the Wake 
County Board of Education to the eligible voters residing in the Wake 
County School Administrative Unit. Passes its second and third 

readings and is ordered enrolled. 

H. B. 905, a bill to provide for inheritance by illegitimate children by, 
through and from their fathers where paternity has been established. 
The bill passes its second reading. Upon objection of Senator Gudger 

to its third reading, the bill remains on the Calendar. 

H. J. R. 1084, a joint resolution concerning adult education programs for 
the University of North Carolina Television Network. Passes its 

second and third readings and is ordered enrolled. 

H. B. 1086, a bill to require insurance companies which have previously 
canceled or terminated automobile liability insurance policies on policy- 
holders within this State and have subsequently reinstated or renewed such 
policies, to notify the North Carolina Department of Motor Vehicles of the 
same. The bill passes its second reading. Senator Gudger offers 

an amendment which is adopted. The bill, as amended, passes its 

third reading and is returned to the House of Representatives for concur- 
rence in the Senate amendment. 

H. B. 1094, a bill to amend General Statute 135-4 (a) so as to modify the 
provisions for creditable service. Upon motion of Senator Staton, the 

Committee amendment is adopted. The bill, as amended, passes its 

second and third readings and is ordered sent to the House of Representa- 



1974] SENATE JOURNAL 333 

tives for concurrence in the Senate amendment, without objection, by 
special messenger. 

H. B. 1304, Committee Substitute for H. B. 1304, a bill to regulate unfair 
use of the word wholesale and similar terms in merchandising. Upon 

motion of Senator Deane, the Committee amendment is adopted. Sen- 

ator Hardison moves that the Committee Substitute bill, as amended, do 
lie upon the table, which motion prevails. 

H. B. 1377, a bill to amend General Statute 115-77 to provide that quali- 
fied voters residing in territory permanently attached to a local tax district 
or school administrative unit shall be permitted to vote in school board 
elections. Upon motion of Senator Alford, consideration of the bill 

is postponed until Tuesday, April 2. 

H. B. 1380, a bill to amend General Statute 1-305 and General Statute 
1-310 to harmonize the time for issuance of executions with the provisions of 
Rule 62 of the Rules of Civil Procedure. Upon motion of Senator 

Britt, the Committee amendment is adopted. The bill, as amended, 

passes its second and third readings and is ordered sent to the House of 
Representatives for concurrence in the Senate amendment. 

II. B. 1448, a bill to prohibit white lights on the rear of motor vehicle 
when in forward motion. Senator Kirby offers an amendment which 

is adopted. The bill, as amended, passes its second and third readings 

and is ordered sent to the House of Representatives for concurrence in the 
Senate amendment. 

H. B. 1460, a bill to defray the costs of reinstatement of a corporation 
suspended under General Statute 105-230, upon second reading. The 

bill passes its second reading by roll-call vote, ayes 32, noes 0, as 
follows: Those voting in the affirmative are: Senators Alford, Alls- 

brook, Bagnal, Bahakel, Bob L. Barker, Robert J. Barker, Blanchard, 
Butner, Coleman, Deane, Folger, Garrison, Godwin, Hardison, Horton, 
Kirby, Mauney, Mullins, Poovey, Rauch, Raynor, Royall, Saunders, Scott, 
Sharpe, Lynwood Smith, Stallings, Staton, Strickland, White, Wilkie, 
Williamson — 32. The bill remains on the Calendar. 

H. B. 1546, a bill to establish an advisory council to the State Board of 
Education to be called "The Council on Educational Services for Exceptional 
Children", as amended, upon third reading. The bill, as amended, 

passes its third reading and is ordered sent to the House of Representatives 
for concurrence in the Senate amendment. 

H. B. 1699, a bill to provide staggered terms for the Stokes County Board 
of Commissioners. Upon motion of Senator Folger, consideration of 

the bill is postponed until Friday, March 29. 

H. B. 1900, a bill to amend General Statutes 20-7 (f) so as to reward 
safe drivers by eliminating the requirement for taking written and road 
tests when applying for renewal of operator's license. Senator Strick- 

land offers an amendment, and subsequently withdraws the amendment. 



334 SENATE JOURNAL [Session 

Senator Somers calls the previous question, seconded by Senator Harring- 
ton. The call is sustained. The bill passes its second and third 
readings and is ordered enrolled. 

H. B. 1966, a bill to amend General Statute 55-52 (i) of the Business 
Corporation Act to provide that treasury stock shall have rights to partic- 
ipate in stock dividends. Passes its second and third readings and 
is ordered enrolled. 

H. B. 2069, a bill to amend the charter of the Town of Fuquay-Varina 
relating to street and sidewalk improvements, upon third reading. 
The bill passes its third reading by roll-call vote, ayes 38, noes 0, as 
follows: Those voting in the affirmative are: Senators Alford, Allen, 

Bagnal, Bahakel, Bob L. Barker, Robert J. Barker, Blanchard, Britt, Butner, 
Crawford, Deane, Folger, Garrison, Godwin, Gudger, Hardison, Henley, 
Horton, Hughes, Kirby, Knox, Mauney, Mullins, Poovey, Rauch, Raynor, 
Rhyne, Rountree, Royall, Saunders, Scott, Sharpe, Lynwood Smith, McNeill 
Smith, Stallings, White, Wilkie, Williamson — 38. The bill is ordered 

enrolled. 

H. B. 1752, H. B. 2007 and H. B. 2040. Upon motion of Senator 

Kirby, the following bills are taken from the Committee on Calendar and 
re-referred to the Committee on Finance: 

H. B. 1752, a bill to amend General Statute 105-304 to make clear where 
certain tangible personal property is to be listed for taxation and to amend 
and clarify the Statutes relating to the valuation of the property of public 
service companies. 

H. B. 2007, a bill to repeal the privilege tax on manufacturers, producers, 
bottlers and distributors of soft drinks, and to reduce the privilege tax on 
certain soft drink dispensers. 

H. B. 2040, a bill to classify property of veterans, Masonic, and other 
fraternal and civic and charitable orders and organizations for ad valorem 
tax purposes. 

Upon motion of Senator Bob L. Barker, the Senate adjourns to meet 
tomorrow at 8:30 A.M. 



ONE HUNDRED FIFTIETH DAY 

Senate Chamber, 
Friday, March 29, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 



1974] SENATE JOURNAL 335 

to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

The President grants leaves of absence to Senators Rhyne, Rauch and 
Deane for today. 

S. B. 1303. Upon motion of Senator Strickland, the vote by which 

S. B. 1303, a bill to amend the North Carolina Outdoor Advertising Control 
Act, failed to pass its third reading is reconsidered and the bill is placed on 
today's Calendar. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. B. 1220, an act to amend Chapter 546, Session Laws of 1963, to 
determine the distribution of certain income from the beverage control 
stores of the Town of Granite Falls. 

S. B. 1258, an act to incorporate the Town of Shady Forest. 

H. B. 750, an act to limit those voting for the members of the Wake 
County Board of Education to the eligible voters residing in the Wake 
County School Administrative Unit. 

H. B. 1900, an act to amend General Statute 20-7 (f) so as to reward safe 
drivers by eliminating the requirement for taking written and road tests 
when applying for renewal of operator's license. 

H. B. 2069, an act to amend the charter of the Town of Fuquay-Varina 
relating to street and sidewalk improvements. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Allsbrook, for the Committee on Judiciary No. 1 : 

S. B. 632, a bill to provide for attachment or garnishment and lien 
procedures for collecting unpaid bills due public hospitals, with an un- 
favorable report as to bill, favorable as to Committee Substitute bill, as 
amended. Upon motion of Senator Allsbrook, the rules are suspended, 

and the Committee Substitute bill, as amended, is placed on today's 
Calendar. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 



336 SENATE JOURNAL [Session 

S. B. 1470, by Senator Sharpe, a bill to provide for free competition in 
the providing of annunity benefits under the optional retirement program 
of State institutions of higher education. Referred to Committee on 

Calendar. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and dis- 
posed of as follows: 

S. B. 89, a bill to amend General Statute 20-138 relative to driving under 
the influence of intoxicating liquor and General Statute 20-139.1 relative to 
the admissibility of chemical analysis for blood alcohol in evidence in trial 
for driving under the influence, for concurrence in the House amend- 
ments. Senator McNeill Smith moves that the Senate concur in the 
House amendments. Senator Folger makes a substitute motion that 
consideration of concurrence in the House amendments be postponed until 
Monday, April 1, which motion prevails. 

S. B. 978, Committee Substitute for S. B. 978, a bill to regulate con- 
tributions and expenditures in political campaigns, for concurrence in the 
House amendments. Senator Stallings moves that the Senate do not 

concur in the House amendments and that conferees be appointed, which 
motion prevails. The President appoints Senators Moore, Gudger and 

Webster as conferees on the part of the Senate and a message is ordered 
sent to the House of Representatives informing that Honorable Body of 
such action. 

S. B. 1234, a bill to amend the Workmen's Compensation Act regarding 
the maximum amount of weekly benefits, for concurrence in the House 
amendment. Senator Staton moves that the Senate concur in the 

House amendment. Senator Allsbrook makes a substitute motion that 

the consideration of concurrence in the House amendment be postponed 
until Monday, April 1, which motion prevails. 

H. B. 904, Committee Substitute for H. B. 904, a bill to amend Chapter 
44A of the General Statutes relating to a model payment and performance 
bond. Referred to Committee on Calendar. 

H. B. 1443, a bill to amend General Statute 1-69.1 to allow partnerships 
to be sued or to sue by their common name. Referred to Committee on 

Calendar. 

H. B. 1545, Committee Substitute for H. B. 1545, a bill to amend General 
Statute 58-210 relating to group life insurance. Referred to Committee 

on Calendar. 

H. B. 1770, a bill to repeal the five thousand dollar ($5,000) limitation on 
medical expense deductions for income tax purposes. Referred to Com- 

mittee on Calendar. 

H. B. 1822, a bill to provide for the sale of commercial fishing licenses in 
all counties containing coastal fishing waters. Referred to Committee 

on Calendar. 



1974] SENATE JOURNAL 337 

H. B. 1852, a bill to amend General Statute 90-109 to require licensing of 
telephone crisis services. Referred to Committee on Calendar. 

H. B. 1879, a bill to authorize the purchase of liability insurance for 
school board members and school administrators. Referred to Com- 

mittee on Calendar. 

H. B. 1884, Committee Substitute for H. B. 1884, a bill to amend the 
Well Construction Act, General Statute 87-83 et seq. ; the Water Use Act, 
General Statute 143-215.11 et seq.; the Dam Safety Law, General Statute 
143-215.23 et seq.; and the Water and Air Quality Reporting Act, General 
Statute 143-215.63 et seq. in order to provide enforcement procedures 
similar to and consistent with Article 21, Chapter 143 of the North Carolina 
General Statutes. Referred to Committee on Calendar. 

H. B. 2088, a bill to amend Chapter 910 of the 1971 Session Laws of 
North Carolina being the charter of the City of Gastonia in Gaston 
County. Referred to Committee on Calendar. 

H. B. 2095, a bill to revise and consolidate the charter of the City of 
Rockingham, Richmond County. Referred to Committee on Calendar. 

H. B. 2129, a bill to alter the corporate boundaries of the Town of East 
Arcadia. Referred to Committee on Calendar. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

S. B. 632, Committee Substitute for S. B. 632, a bill to provide for 
attachment or garnishment and lien procedures for collecting unpaid bills 
due public hospitals. Upon motion of Senator Allsbrook, the Com- 

mittee Substitute, as amended, is adopted and remains on the Calendar. 

S. B. 911, Committee Substitute for S. B. 911, a bill to provide for 
illegitimate children to inherit pursuant to the Intestate Succession Act, as 
amended. Upon motion of Senator Britt, consideration of the Com- 

mittee Substitute bill, as amended, is postponed indefinitely. 

S. B. 1044, Committee Substitute for S. B. 1044, a bill to amend Chapter 
148 of the General Statutes to establish an inmate grievance commission, 
as amended in Committee. The Committee Substitute bill, as amended, 

passes its second and third readings and is ordered engrossed and sent to 
the House of Representatives. 

S. B. 1303, a bill to amend the North Carolina Outdoor Advertising 
Control Act. Upon motion of Senator Hughes, consideration of the 

bill is postponed until Tuesday, April 2. 

S. B. 1387, a bill relating to the establishment of a local government 
center. Passes its second and third readings and is ordered sent to 

the House of Representatives. 



338 SENATE JOURNAL [Session 

S. B. 1391, a bill to repeal Chapter 39, Article 5, of the North Carolina 
Statutes. Passes its second and third readings and is ordered sent to 

the House of Representatives. 

S. B. 1420, a bill to amend Article V of the Constitution of North 
Carolina to authorize the issuance of revenue bonds to finance industrial 
facilities including pollution control facilities, land or equipment related 
thereto, upon second reading. Upon motion of Senator Kirby, the 

Committee amendment is adopted. Upon motion of Senator Taylor, 

the bill, as amended, is placed on the Calendar for Monday, April 1. 

S. B. 1449, a bill to revive "North Carolina Pollution Abatement and 
Industrial Facilities Financing Act" (Chapter 159 A of the North Carolina 
General Statutes), upon second reading. Upon motion of Senator 

Taylor, consideration of the bill is postponed until Monday, April 1. 

S. B. 1451, a bill to amend General Statute 135-5.1 concerning employee 
contribution to optional retirement programs. Upon motion of Senator 

Kirby, consideration of the bill is postponed until Monday, April 1. 

H. B. 166, Committee Substitute for H. B. 166, a bill to rewrite Article 
11 of Chapter 90 of the General Statutes relating to veterinarians, as 
amended, upon third reading. The Committee Substitute bill, as 

amended, passes its third reading by roll-call vote, ayes 30, noes 1, as 
follows: Those voting in the affirmative are: Senators Alford, Alls- 

brook, Bagnal, Bahakel, Blanchard, Britt, Butner, Folger, Garrison, Godwin, 
Gudger, Hardison, Henley, Hughes, Kirby, Mauney, Mills, Poovey, Raynor, 
Royall, Saunders, Lynwood Smith, McNeill Smith, Stallings, Staton, Taylor, 
Webster, White, Wilkie, Williamson — 30. Voting in the negative is: 

Senator Sharpe — 1. The Committee Substitute bill, as amended, is 

ordered sent to the House of Representatives for concurrence in the Senate 
amendments. 

H. B. 905, a bill to provide for inheritance by illegitimate children by, 
through and from their fathers where paternity has been established, upon 
third reading. The bill passes its third reading and is ordered enrolled. 

H. B. 1396, a bill to amend General Statute 14-258.1 to apply to mental 
institutions. Upon motion of Senator Kirby, consideration of the bill 

is postponed until Monday, April 1. 

H. B. 1460, a bill to defray the costs of reinstatement of a corporation 
suspended under General Statute 105-230, upon third reading. The bill 

passes its third reading by roll-call vote, ayes 29, noes 0, as follows: 
Those voting in the affirmative are: Senators Alford, Allsbrook, Bagnal, 
Bahakel, Blanchard, Britt, Butner, Folger, Garrison, Godwin, Gudger, 
Henley, Hughes, Kirby, Mauney, Mills, Poovey, Royall, Saunders, Scott, 
Sharpe, Lynwood Smith, McNeill Smith, Stallings, Staton, Taylor, Webster, 
White, Williamson — 29. The bill is ordered enrolled. 

H. B. 1461, a bill to amend General Statute 90-96 relating to expunction 
of records. Passes its second and third readings and is ordered enrolled. 



1974] SENATE JOURNAL 339 

H. B. 1465, a bill to make technical changes in General Statute 163 
relating to elections. Upon motion of Senator Taylor, consideration of 

the bill is postponed until Monday, April 1. 

H. B. 1479, a bill to amend General Statute 66-84 to include Hoke 
County within the closing-out sales provisions. Passes its second and 

third readings and is ordered enrolled. 

H. B. 1487, a bill creating emergency authority to operate water or sewer 
utility. Upon motion of Senator Staton, the Committee amendment is 

adopted. The bill, as amended, passes its second and third readings 

and is ordered sent to the House of Representatives for concurrence in the 
Senate amendment. 

H. B. 1489, a bill to authorize enforcement of Chapter 62 and of the rules, 
regulations and orders of the Utilities Commission. Passes its second 

and third readings and is ordered enrolled. 

H. B. 1490, a bill to authorize setting of rates in small utility cases by 
less than full commission hearing. Passes its second and third read- 

ings and is ordered enrolled. 

H. B. 1508, a bill to make technical changes in Article 20 of Chapter 163 
of the General Statutes, relating to absentee voting. Passes its second 

and third readings and is ordered enrolled. 

H. B. 1512, a bill to exclude certain services from funeral expenses sub- 
ject to sales and use tax. Passes its second and third readings and is 
ordered enrolled. 

H. B. 1521, a bill to classify and exclude from the ad valorem tax base 
dogs owned as pets and not used for the production of income. Passes 

its second and third readings and is ordered enrolled. 

H. B. 1526, Committee Substitute for H. B. 1526, a bill to amend the 
powers and duties of the Governor to allow him to authorize the National 
Guard and /or Highway Patrol to remove vehicles that are blocking public 
vehicular areas. Senator Crawford moves that consideration of the 

Committee Substitute bill be postponed until Tuesday, April 2, which 
motion fails to prevail. Senator Gudger offers an amendment which is 

adopted. The Committee Substitute bill, as amended, passes its second 

reading. Upon objection of Senator Crawford to its third reading, the 

Committee Substitute bill, as amended, remains on the Calendar. 

H. B. 1543, a bill to amend General Statute 90-95 (g) to include the 
Clinical Toxicological Lab, North Carolina Baptist Hospital, Winston-Salem, 
under the North Carolina Controlled Substances Act. Passes its second 

and third readings and is ordered enrolled. 

H. B. 1551, a bill to amend General Statute 163-30. Upon motion of 

Senator Alford, the Committee amendment is adopted. Senator Gudger 

offers an amendment which is adopted. The bill, as amended, passes 

its second and third readings and is ordered sent to the House of Repre- 
sentatives for concurrence in the Senate amendments. 



340 SENATE JOURNAL [Session 



H. B. 1573, a bill removing the usury rate ceiling and pre-payment pen- 
alties on all first mortgage home loans until June 30, 1975. Senator 
Mullins offers an amendment which is adopted. Senator Bob L. Barker 
offers an amendment which is adopted. Senator Gudger offers an 
amendment which is adopted. Senator Godwin calls the previous ques- 
tion, duly seconded. The call is sustained. Senator Taylor calls 
for the "ayes" and "noes." The call is sustained. The bill, as 
amended, passes its second reading by roll-call vote, ayes 29, noes 8, as 
follows: Those voting in the affirmative are: Senators Allen, Alls- 
brook, Bagnal, Bob L. Barker, Blanchard, Britt, Butner, Coleman, Gar- 
rison, Godwin, Gudger, Hardison, Henley, Kirby, Knox, Mauney, Mills, 
Mullins, Poovey, Royall, Scott, Sharpe, Lynwood Smith, Stallings, Staton. 
Strickland, White, Wilkie, Williamson — 29. Those voting in the 
negative are: Senators Alford, Bahakel, Folger, Horton, Raynor, McNeill 
Smith, Taylor, Webster — 8. Upon objection of Senator Taylor to its 
third reading, the bill, as amended, remains on the Calendar. 

H. B. 1695, a bill relating to the game of bingo in the County of 
Onslow. Passes its second and third readings and is ordered enrolled. 

H. B. 1699, a bill to provide staggered terms for the Stokes County Board 
of Commissioners. Senator Folger offers an amendment which is 

adopted. The bill, as amended, passes its second and third readings 

and is ordered sent to the House of Representatives for concurrence in the 
Senate amendment. 

H. B. 1864, a bill to incorporate the Rural Hall Sanitary District into a 
municipality to be known as the Town of Rural Hall, upon second read- 
ing. The bill passes its second reading by roll-call vote, ayes 32, noes 
0, as follows: Those voting in the affirmative are: Senators Alford, 
Allsbrook, Bagnal, Bahakel, Blanchard, Butner, Folger, Garrison, Godwin, 
Gudger, Hardison, Henley, Hughes, Kirby, Mauney, Mills, Poovey, Raynor, 
Royall, Saunders, Scott, Sharpe, Lynwood Smith, McNeill Smith, Stallings, 
Staton, Strickland, Taylor, Webster, White, Wilkie, Williamson — 32. 
The bill remains on the Calendar. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar as follows: 

By Senator Kirby, for the Committee on Calendar: 

H. B. 2129, a bill to alter the corporate boundaries of the Town of East 
Arcadia, with a favorable report. 

Upon motion of Senator Allen, the Senate adjourns to meet on Monday 
at 7:00 P.M. 



1974] SENATE JOURNAL 341 

ONE HUNDRED FIFTY-FIRST DAY 

Senate Chamber, 
Monday, April 1, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of Friday has been examined and is found to 
be correct, and upon his motion the reading of the Journal is dispensed with 
and it stands approved as written. 

The President recognizes the following pages serving in the Senate this 
week: Jeff Hoyle, Maiden; Doug Mclnnis, Monroe; Denise O'Brien, Fayette- 
ville; Christy Moore, Fayetteville; Marie Fargis, Reidsville; Susan Wilder, 
Raleigh; Sabrina Haithcock, Warrenton; Kim Gupton, Louisburg; Joe 
Ledford, Charlotte; Susan Read, Louisburg; Mary Lynn Frazier Neal, 
Hamlet; Neil Byrd, Benson; Mary Lou Freeman, Charlotte; Tibby Thomas, 
Charlotte; Marianne Carroll, Weldon; Julie Hathcock, Raleigh; Ann Sloan, 
High Point; Cindy Pearce, Raleigh; Beth Stevens, Benson; Forise Epps, 
Hamlet; Frances Rivenbark, Willard; Sharon Lancaster, Mayville; Jimmy 
McMillan, Greenville; Thomas Frank, Lexington; Jordy Whichard, Green- 
ville; John Sanderson, Four Oaks; Diana Moon, Aberdeen. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. B. 1231, an act to amend the Workmen's Compensation Act regarding 
accidents taking place outside the State. 

S. B. 1232, an act to extend the time limitation for filing and reopening 
certain claims under the provisions of the Workmen's Compensation Act. 

S. B. 1235, an act to provide that medical expenses in asbestosis and 
silicosis cases shall come under the Workmen's Compensation Act. 

S. J. R. 1292, a joint resolution authorizing a legislative commission to 
study the North Carolina Pesticide Law of 1971 and the North Carolina 
Structural Pest Law of 1955. 

S. B. 1308, an act to amend General Statute 143-215.99 to extend the 
date for requirement of oil refinery permits. 

H. B. 905, an act to provide for inheritance by illegitimate children by, 
through and from their fathers where paternity has been established. 

H. J. R. 1084, a joint resolution concerning adult education programs for 
the University of North Carolina Television Network. 



342 SENATE JOURNAL [Session 

H. B. 1086, an act to require insurance companies which have previously 
canceled or terminated automobile liability insurance policies on policy- 
holders within this State and have subsequently reinstated or renewed such 
policies, to notify the North Carolina Department of Motor Vehicles of the 
same. 

H. B. 1094, an act to amend General Statute 135-4 (a) so as to modify 
the provisions for creditable service. 

H. B. 1243, an act to exempt the house-to-house sale of magazines from 
sales tax. 

H. B. 1380, an act to amend General Statute 1-305 and General Statute 
1-310 to harmonize the time for issuance of executions with the provisions 
of Rule 62 of the Rules of Civil Procedure. 

H. B. 1448, an act to prohibit white lights on the read of motor vehicle 
when in forward motion. 

H. B. 1460, an act to defray the costs of reinstatement of a corporation 
suspended under General Statute 105-230. 

H. B. 1461, an act to amend General Statute 90-96 relating to expunction 
of records. 

H. B. 1479, an act to amend General Statute 66-84 to include Hoke 
County within the closing-out sales provisions. 

H. B. 1489, an act to authorize enforcement of Chapter 62 and of the 
rules, regulations and orders of the Utilities Commission. 

H. B. 1490, an act to authorize setting of rates in small utility cases by 
less than full commission hearing. 

H. B. 1508, an act to make technical changes in Article 20 of Chapter 
163 of the General Statutes, relating to absentee voting. 

H. B. 1512, an act to exclude certain services from funeral expenses 
subject to sales and use tax. 

H. B. 1521, an act to classify and exclude from the ad valorem tax base 
dogs owned as pets and not used for the production of income. 

H. B. 1543, an act to amend General Statute 90-95 (g) to include the 
Clinical Toxicological Lab, North Carolina Baptist Hospital, Winston-Salem, 
under the North Carolina Controlled Substances Act. 

H. B. 1546, an act to establish an advisory council to the State Board 
of Education to be called "The Council on Education Services for Excep- 
tional Children." 

H. B. 1695, an act relating to the game of bingo in the County of Onslow. 

H. B. 1966, an act to amend General Statute 55-52 (i) of the Business 
Corporation Act to provide that treasury stock shall have rights to partici- 
pate in stock dividends. 



1974] SENATE JOURNAL 343 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of, 
as follows: 

S. R. 1471, by Senator Lynwood Smith, a Senate resolution relating to 
the observance of Constitution Week. Upon motion of Senator Lyn- 
wood Smith, the resolution is adopted. (The text of this resolution 
appears in the Appendix.) 

Upon motion of Senator Williamson, the rules are suspended to permit 
the introduction in tonight's Session of the following local bills: 

S. B. 1472, by Senator Williamson, a bill to amend Chapter 819 of the 
1957 Session Laws, as amended by Chapter 456 of the 1971 Session Laws, 
relating to the division of ABC profits. Referred to Committee on 

Calendar. 

S. B. 1473, by Senator Williamson, a bill to authorize a beer and wine 
election in the Town of Calabash. Referred to Committee on Calendar. 

S. B. 1474, by Senator Allen, a bill to fill a vacancy on the Person 
County Board of Education and to amend Chapter 850 of the 1963 Session 
Laws to provide for the filling of vacancies and time for taking office. 
Referred to Committee on Local Government and Regional Affairs. 

S. B. 1475, by Senator Moore, a bill to amend Chapter 163 of the General 
Statutes to set a date by which absentee ballots for voting in primary 
elections must be made available. Referred to Committee on Calendar. 

S. R. 1476, by Senator Knox, a Senate resolution congratulating Scout 
Troop 33, Sardis Presbyterian Church, Charlotte, upon its invitation to 
represent North Carolina at the 1974 Cadet Scout Masters Council Camp- 
oree. Upon motion of Senator Knox, the resolution is adopted. 

(The text of this resolution appears in the Appendix.) 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting the 
following bills and resolutions, which are read the first time and disposed 
of, as follows: 

S. B. 980, a bill to rewrite Article 4 of Chapter 122 of the General 
Statutes concerning voluntary admissions to mental health facilities, for 
concurrence in the House amendment. Upon motion of Senator Folger, 

the Senate concurs in the House amendment and the bill is ordered enrolled. 

S. B. 1196, a bill to permit the Board of Paroles to grant temporary 
parole to a committed youthful offender within the last 90 days of his con- 
finement, for concurrence in the House amendment. Upon motion of 
Senator Taylor, consideration of concurrence in the House amendment is 
postponed until Tuesday, April 2. 

H. B. 619, a bill to provide for flood insurance to property owners in this 
State. Referred to Committee on Calendar. 



344 SENATE JOURNAL [Session 

H. B. 1055, a bill to enable a fiduciary to hold bank holding company 
stock where the instrument authorizes retention of stock of a bank that is 
now part of the holding company. Referred to Committee on Calendar. 

H. B. 1076, a bill to establish procedures for the conduct of proceedings 
before administrative agencies and to establish a code of administrative 
regulations. Referred to Committee on Calendar. 

H. B. 1262, a bill to make technical revisions to Chapters 66 and 105 of 
the General Statutes pertaining to taxation. Referred to Committee 

on Calendar. 

H. B. 1369, a bill to restrict the use of State-owned helicopters. 
Referred to Committee on Calendar. 

H. B. 1592, a bill making it unlawful to reproduce for profit recorded 
sounds without the consent of the owner. Referred to Committee on 

Calendar. 

H. B. 1599, Committee Substitute for H. B. 1599, a bill to provide that 
visually handicapped persons shall be granted preference in the operation 
of vending facilities on State property. Referred to Committee on 

Calendar. 

H. B. 1758, a bill to amend the Private Protective Service Act so as to 
exempt full-time sworn North Carolina law enforcement officers. .Re- 

ferred to Committee on Calendar. 

H. B. 1798, a bill to provide liability protection for State Patrol and all 
other State law enforcement officers for acts done in the line of duty. 
Referred to Committee on Calendar. 

H. B. 1851, a bill to amend Chapter 90 of the General Statutes relating to 
controlled substances. Referred to Committee on Calendar. 

H. B. 1854, Committee Substitute for H. B. 1854, a bill to require certain 
information be placed on self service gas and oil equipment. Referred 

to Committee on Calendar. 

H. B. 1872, a bill to rewrite General Statute 106-454, relating to the 
criminal penalties for charging excessive tobacco warehouse fees. 
Referred to Committee on Calendar. 

H. B. 2096, a bill to eliminate Madison County's exemption from the 
application of General Statute 47-30 concerning the recording of plat and 
subdivision maps. Referred to Committee on Calendar. 

H. B. 2123, a bill to authorize supplemental compensation for full-time 
employees of the City of Fayetteville permanently disabled as the result of 
criminal assault in performance of official duty. Referred to Committee 

on Calendar. 

H. B. 2125, a bill relating to zoning in Mecklenburg County and the City 
of Charlotte. Referred to Committee on Calendar. 



1974] SENATE JOURNAL 345 

H. B. 2132, a bill relating to the letting of contracts and the purchase of 
motor vehicles by the City of Winston-Salem. Referred to Committee 

on Calendar. 

H. B. 2139, a bill to extend the corporate limits of the Town of Bay- 
boro. Referred to Committee on Calendar. 

H. B. 2140, a bill to provide for the nomination and election of members 
of the Wayne County Board of Education. Referred to Committee on 

Calendar. 

H. B. 2141, a bill to alter the boundary lines of the Kinston Graded 
School District to reduce the area encompassed thereby. Referred to 

Committee on Calendar. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

S. B. 89, a bill to amend General Statute 20-138 relative to driving under 
the influence of intoxicating liquor and General Statute 20-139.1 relative to 
the admissibility of chemical analysis for blood alcohol in evidence in trial 
for driving under the influence, for concurrence in the House amend- 
ments. Senator McNeill Smith moves that the Senate do concur in the 
House amendments. Senator McNeill Smith calls the previous question, 
seconded by Senator Hardison. The call is sustained. The Senate 
concurs in the House amendments and the bill is ordered enrolled. 

S. B. 632, Committee Substitute for S. B. 632, a bill to provide for 
attachment or garnishment and lien procedures for collecting unpaid bills 
due public hospitals, as amended, upon second reading. The Committee 

Substitute bill, as amended, passes its second reading by roll-call vote, ayes 
26, noes 15, as follows: Those voting in the affirmative are: Senators 

Alford, Allsbrook, Bagnal, Folger, Garrison, Godwin, Gudger, Hardison, 
Harrington, Hughes, Kincaid, Knox, Poovey, Royall, Saunders, Scott, 
Sharpe, Lynwood Smith, Somers, Stallings, Staton, Strickland, Taylor, 
Webster, White, Wilkie — 26. Those voting in the negative are: Sen- 

ators Robert J. Barker, Blanchard, Coleman, Deane, Henley, Kirby, Mauney, 
Mills, Moore, Mullins, Murrow, Rauch, Raynor, Rhyne, McNeill Smith — 
15. The Committee Substitute bill, as amended, remains on the Cal- 

endar. 

S. B. 1234, a bill to amend the Workmen's Compensation Act regarding 
the maximum amount of weekly benefits, for concurrence in the House 
amendment. Senator Staton moves that the Senate do concur in the 

House amendment. Senator Saunders makes a substitute motion that 

consideration of concurrence in the House amendment be postponed until 
Tuesday, April 2, which motion prevails. 



346 SENATE JOURNAL [Session 

S. B. 1319, a bill to authorize the governing board of the Criminal 
Justice Academy to enter into certain contracts without complying with 
the provisions of Article 8 of Chapter 143 of the General Statutes, 
as amended. Senator Blanchard offers an amendment which is 

adopted. The bill, as amended, passes its second and third readings 

and is ordered engrossed and sent to the House of Representatives. 

S. B. 1320, a bill to amend General Statute 20-19 pertaining to period of 
suspension for D.U.I., as amended, upon third reading. The bill, as 

amended, passes its third reading and is ordered engrossed and sent to the 
House of Representatives. 

S. B. 1393, a bill to end franchise taxes on public in-service company, 
specifically amended, General Statute 105-116, as amended, upon third 
reading. The bill, as amended, passes its third reading by roll-call 

vote, ayes 39, noes 0, as follows: Those voting in the affirmative are: 

Senators Alford, Allsbrook, Bagnal, Robert J. Barker, Blanchard, Butner, 
Coleman, Deane, Folger, Garrison, Godwin, Gudger, Hardison, Harrington, 
Henley, Hughes, Kirby, Knox, Mauney, Mills, Moore, Mullins, Murrow, 
Poovey, Rauch, Raynor, Rhyne, Royall, Saunders, Scott, Sharpe, Lynwood 
Smith, McNeill Smith, Stallings, Staton, Strickland, Taylor, White, Wilkie 
— 39. The bill, as amended, is ordered engrossed and sent to the 

House of Representatives. 

S. B. 1420, a bill to amend Article V of the Constitution of North Carolina 
to authorize the issuance of revenue bonds to finance industrial facilities 
including pollution control facilities, land or equipment related thereto, as 
amended, upon second reading. Upon motion of Senator Folger, con- 

sideration of the bill, as amended, is postponed until Tuesday, April 2. 

S. B. 1423, a bill to regulate cemeteries operated for private gain, as 
amended, upon third reading. The bill, as amended, passes its third 

reading and is ordered engrossed and sent to the House of Representatives. 

S. B. 1449, a bill to revive "North Carolina Pollution Abatement and 
Industrial Facilities Financing Act" (Chapter 159 A of the North Carolina 
General Statutes), upon second reading. Upon motion of Senator 

Folger, consideration of the bill is postponed until Tuesday, April 2. 

S. B. 1451, a bill to amend General Statute 135-5.1 concerning employee 
contribution to optional retirement programs. Passes its second and 

third readings and is ordered sent to the House of Representatives. 

H. B. 1396, a bill to amend General Statute 14-258.1 to apply to mental 
institutions. Passes its second and third readings and is ordered 

enrolled. 

H. B. 1465, a bill to make technical changes in General Statute 163 
relating to elections. Upon motion of Senator Moore, consideration 

of the bill is postponed until Wednesday, April 3. 



1974] SENATE JOURNAL 347 

H. B. 1526, Committee Substitute for H. B. 1526, a bill to amend the 
powers and duties of the Governor to allow him to authorize the National 
Guard and/ or Highway Patrol to remove vehicles that are blocking public 
vehicular areas, as amended, upon third reading. Upon motion of 

Senator Crawford, consideration of the Committee Substitute bill, as 
amended, is postponed until Tuesday, April 2. 

H. B. 1573, a bill removing the usury rate ceiling and pre-payment 
penalties on all first mortgage home loans until June 30, 1975, as amended, 
upon third reading. Senator Taylor offers an amendment which fails 

of adoption. Senator McNeill Smith offers an amendment. Sen- 

ator McNeill Smith calls the previous question, seconded by Senator 
Knox. The call is sustained. The amendment offered by Senator 

McNeill Smith fails of adoption. Senator Deane offers an amendment 

which fails of adoption. Senator Taylor calls for the "ayes" and 

"noes". Senator Godwin calls the previous question, seconded by Sena- 

tor Allen. The call is sustained. The call for the "ayes" and "noes" 

is sustained. The bill, as amended, passes its third reading by roll-call 

vote, ayes 35, noes 11, as follows: Those voting in the affirmative are: 

Senators Allen, Allsbrook, Bagnal, Bob L. Barker, Blanchard, Butner, 
Coleman, Crawford, Garrison, Godwin, Gudger, Hardison, Henley, Hughes, 
Kirby, Knox, Mauney, Mills, Moore, Mullins, Murrow, Poovey, Rauch, 
Royall, Saunders, Scott, Sharpe, Lynwood Smith, Somers, Stallings, Staton, 
Strickland, White, Wilkie, Williamson — 35. Those voting in the nega- 

tive are: Senators Alford, Deane, Folger, Harrington, Horton, Kincaid, 
Raynor, Rhyne, McNeill Smith, Taylor, Webster— 11. The bill, as 

amended, is ordered sent to the House of Representatives for concurrence 
in the Senate amendments. 

H. J. R. 1577, a joint resolution honoring the life and memory of Mewborn 
Braxton Wilson, businessman and industrial leader. Passes its second 

and third readings and is ordered enrolled. 

H. B. 1584, a bill to require the surrender of titles to salvage vehi- 
cles. Passes its second and third readings and is ordered enrolled. 

H. B. 1594, a bill to amend General Statute 113-104 with respect to 
hunting with unplugged shotguns. Passes its second and third readings 

and is ordered enrolled. 

H. B. 1595, a bill to provide further protection for bear and wild 
turkey. Passes its second and third readings and is ordered enrolled. 

H. B. 1597, a bill to prevent the spread of disease among native popula- 
tions of wild turkey. Passes its second and third readings and is 
ordered enrolled. 

H. B. 1613, a bill to clarify and expand the provisions of Chapter 85B 
concerning the licensing and regulation of auctioneers and apprentice auc- 
tioneers. Senator Deane offers an amendment which is adopted. 
Senator Knox calls the previous question, seconded by Senator Moore. 



348 SENATE JOURNAL [Session 

The call is sustained. The bill, as amended, passes its second read- 

ing. Upon objection of Senator Horton to its third reading, the bill, 

as amended, remains on the Calendar. 

H. J. R. 1620, a joint resolution honoring the life, memory and achieve- 
ments of Edwin Duncan, Sr., a former member of the Senate. Passes 
its second and third readings and is ordered enrolled. 

H. J. R. 1722, a joint resolution commemorating the Centennial Celebra- 
tion of the Town of Maxton. Passes its second and third readings and 
is ordered enrolled. 

H. J. R. 1805, a joint resolution honoring the life and memory of Howard 
H. Hubbard, former judge of the superior court. Passes its second and 

third readings and is ordered enrolled. 

H. B. 1864, a bill to incorporate the Rural Hall Sanitary District into a 
municipality to be known as the Town of Rural Hall, upon third read- 
ing. The bill passes its third reading by roll-call vote, ayes 42, noes 
0, as follows: Those voting in the affirmative are: Senators Alford, 
Allen, Allsbrook, Bagnal, Bob L. Barker, Robert J. Barker, Blanchard, 
Butner, Coleman, Crawford, Deane, Folger, Garrison, Godwin, Gudger, 
Hardison, Harrington, Henley, Hughes, Kincaid, Kirby, Mauney, Mills, 
Mullins, Murrow, Poovey, Rauch, Raynor, Rhyne, Royall, Saunders, Scott, 
Sharpe, Lynwood Smith, McNeill Smith, Somers, Stallings, Staton, Strick- 
land, White, Wilkie, Williamson — 42. The bill is ordered enrolled. 

H. J. R. 1922, a joint resolution honoring Leonard Thompson for his 
achievements and golf and his humanitarian and philanthropic acts. 
Passes its second and third readings and is ordered enrolled. 

H. J. R. 1996, a joint resolution honoring the life and memory of Ernest 
L. Hicks, former member of the House of Representatives from Mecklen- 
burg. Passes its second and third readings and is ordered enrolled. 

H. B. 2129, a bill to alter the corporate boundaries of the Town of East 
Arcadia, upon second reading. The bill passes its second reading by 

roll-call vote, ayes 43, noes 0, as follows: Those voting in the affirma- 

tive are: Senators Alford, Allen, Allsbrook, Bagnal, Bob L. Barker, Robert 
J. Barker, Blanchard, Butner, Coleman, Crawford, Deane, Folger, Garrison, 
Godwin, Gudger, Hardison, Harrington, Henley, Hughes, Kincaid, Kirby, 
Mauney, Mills, Mullins, Murrow, Poovey, Rauch, Raynor, Rhyne, Royall. 
Saunders, Scott, Sharpe, Lynwood Smith, McNeill Smith, Somers, Stallings, 
Staton, Strickland, Taylor, White, Wilkie, Williamson — 43. The bill 

remains on the Calendar. 

Upon motion of Senator Moore, the Senate adjourns to meet tomorrow at 
10:30 A.M. 



1974] SENATE JOURNAL 349 

ONE HUNDRED FIFTY-SECOND DAY 

Senate Chamber, 
Tuesday, April 2, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Dr. Edward Hughes Pruden, Senate Chaplain. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found to 
be correct, and upon his motion the reading of the Journal is dispensed with 
and it stands approved as written. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their 
titles, together with the reports accompanying them, and take their place 
on the Calendar, as follows: 

By Senator Scott, for the Committee on Appropriations: 

S. B. 976, a bill to make appropriations to provide capital improvements 
for State institutions, departments, and agencies, with an unfavorable 
report as to bill, favorable as to Committee Substitute bill. Upon 

motion of Senator Scott, the rules are suspended, and the Committee 
Substitute bill is placed on today's Calendar. 

S. B. 977, a bill to make appropriations for current operations of the 
State departments, institutions, and agencies, and for other purposes, with 
an unfavorable report as to bill, favorable as to Committee Substitute 
bill. Upon motion of Senator Scott, the rules are suspended, and the 

Committee Substitute bill is placed on today's Calendar. 

By Senator Rhyne, for the Committee on Wildlife: 

S. B. 856, a bill amending General Statute 113-105 and General Statute 
113-105.2 relating to the propogaticn and sale of pen-raised quail, with a 
favorable report. 

S. B. 1213, a bill to prevent the taking of deer with dogs in Wake County, 
with a favorable report, as amended. 

H. B. 1215, a bill to require persons hunting deer with rifles in Durham 
County to secure the written consent of the landowners, with an unfavorable 
report as to bill, favorable as to Senate Committee Substitute bill, as 
amended. Upon motion of Senator Rhyne, the rules are suspended, and 

the Senate Committee Substitute bill, as amended, is placed on today's 
Calendar. 

H. B. 1250, Committee Substitute for H. B. 1250, a bill to prohibit deer 
hunting from any highway right-of-way maintained by the State, with a 
favorable report, as amended. 



350 SENATE JOURNAL [Session 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and dis- 
posed of as follows: 

S. B. 1186, a bill to amend Article 15, Chapter 113 of the North Carolina 
General Statutes relating to penalties in regulation of coastal fisheries, for 
concurrence in the House amendments. Upon motion of Senator 

Staton, the Senate concurs in the House amendments and the bill is ordered 
enrolled. 

H. J. R. 1997, a joint resolution commending the North Carolina Justice 
Foundation and recommending the expansion of its school programs. 
Referred to Committee on Calendar. 

H. B. 2008, a bill to amend General Statute 115-133.2 relating to the 
power of boards of education to offer rewards. Referred to Committee 

on Calendar. 

H. B. 2012, a bill to amend General Statute 143B-143 by providing that the 
Governor shall appoint a registered nurse to the Commission for Health 
Services. Referred to Committee on Calendar. 

H. J. R. 2013, a joint resolution congratulating and commending the 
basketball team at the North Carolina School for the Deaf in Morganton 
for its outstanding past record and its performance in winning the 1974 
Mason-Dixon Basketball Tournament Championship. Referred to Com- 

mittee on Calendar. 

H. J. R. 2014, a joint resolution authorizing and directing the Legislative 
Research Commission to study North Carolina's potential for human tissue 
donations and to propose a plan for facilitating the donation and effective 
utilization of such donations. Referred to Committee on Calendar. 

H. B. 2019, a bill to make an amendment in the law relating to the 
composition of officers of corporations. Referred to Committee on 

Calendar. 

H. J. R. 2021, Committee Substitute for H. J. R. 2021, a joint resolution 
providing for a study of the veterinary medical education needs of the 
State. Referred to Committee on Calendar. 

H. B. 2085, a bill to validate deeds or other instruments of conveyance 
where the signature of grantor or the acknowledgment fails to designate 
grantor's official capacity. Referred to Committee on Calendar. 

H. J. R. 2089, a joint resolution in appreciation of the life and services 
of the late Joseph Newsome Vann, former member of the House of Rep- 
resentatives. Referred to Committee on Calendar. 

H. B. 2091, a bill to amend General Statute 153A-301 to allow a board of 
county commissioners to provide ambulance and rescue services. Re- 

ferred to Committee on Calendar. 



1974] SENATE JOURNAL 351 

H. B. 2104, a bill to amend General Statute 135-28.1 relating to district 
court judges under the Teachers' and State Employees' Retirement System 
and the Uniform Judicial Retirement System. Referred to Committee 

on Calendar. 

H. B. 2109, a bill to amend General Statute 18A-35 relating to transporta- 
tion and possession of unfortified wine. Referred to Committee on 
Calendar. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

S. B. 632, Committee Substitute for S. B. 632, a bill to provide for 
attachment or garnishment and lien procedures for collecting unpaid bills 
due public hospitals, upon third reading. The Committee Substitute bill 

passes its third reading by roll-call vote, ayes 32, noes 5, as follows: 
Those voting in the affirmative are: Senators Alford, Bagnal, Bahakel, Bob 
L. Barker, Robert J. Barker, Blanchard, Britt, Butner, Crawford, Folger, 
Garrison, Godwin, Gudger, Hardison, Horton, Hughes, Kirby, Knox, Moore, 
Mullins, Poovey, Royall, Saunders, Scott, Lynwood Smith, Somers, Staton, 
Strickland, Webster, White, Wilkie, Williamson — 32. Those voting in 

the negative are: Senators Henley, Mauney, Rauch, Raynor, McNeill Smith 
— 5. The Committee Substitute bill is ordered sent to the House of 

Representatives. 

S. B. 708, a bill to determine the location of the State Art Museum, upon 
third reading. Senator Bob L. Barker calls the previous question, duly 

seconded. The call is sustained. Senator Bob L. Barker calls for 

the "ayes" and "noes." The call is sustained. The bill passes its 

third reading by roll-call vote, ayes 29, noes 15, as follows: Those 

voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, Bob L. 
Barker, Robert J. Barker, Blanchard, Britt, Butner, Crawford, Folger, 
Garrison, Henley, Horton, Hughes, Knox, Mullins, Murrow, Poovey, Raynor, 
Rhyne, Rountree, Sharpe, Lynwood Smith, McNeill Smith, Staton, Strick- 
land, Taylor, Wilkie, Williamson — 29. Those voting in the negative 
are: Senators Alford, Coleman, Deane, Godwin, Gudger, Hardison, Harring- 
ton, Kincaid, Mauney, Mills, Moore, Somers, Stallings, Webster, White — 
15. The bill is ordered sent to the House of. Representatives. 

S. B. 976, Committee Substitute for S. B. 976, a bill to make appropria- 
tions to provide capital improvements for State institutions, departments, 
and agencies. Upon motion of Senator Scott, the Committee Substitute 

is adopted. The Committee Substitute bill passes its second and third 

readings and is ordered sent to the House of Representatives, without 
objection, by special messenger. 

S. B. 977, Committee Substitute for S. B. 977, a bill to make appropria- 
tions for current operations of the State departments, institutions, and 
agencies, and for other purposes. Upon motion of Senator Scott, the 

Committee Substitute is adopted. The Committee Substitute bill passes 

12 



352 SENATE JOURNAL [Session 

its second and third readings and is ordered sent to the House of Repre- 
sentatives, without objection, by special messenger. 

S. B. 1234, a bill to amend the Workmen's Compensation Act regarding 
the maximum amount of weekly benefits, for concurrence in the House 
amendment. Upon motion of Senator Staton, the Senate concurs in 

the House amendment and the bill is ordered enrolled. 

S. B. 1303, a bill to amend the North Carolina Outdoor Advertising 
Control Act, as amended, upon third reading. Senator Sharpe offers 

an amendment which is adopted. The bill, as amended, passes its third 

reading and is ordered engrossed and sent to the House of Representatives. 

S. B 1327, a bill to amend Article 2 of Chapter 20 of the General Statutes 
of North Carolina to increase the fee for an operator's license and a 
chauffeur's license, upon third reading. The bill fails to pass its third 

reading by roll-call vote, ayes 19, noes 23. as follows: Those voting 

in the affirmative are: Senators Alford, Allen, Bagnal, Bahakel, Bob L. 
Barker, Blanchard, Britt, Butner, Folger, Gudger, Horton, Kirby, Knox, 
Mullins, Poovey, Saunders, McNeill Smith, Somers, Staton — 19. 
Those voting in the negative are: Senators Robert J. Barker, Crawford, 
Deane, Garrison, Godwin, Hardison, Harrington, Henley, Hughes, Kincaid, 
Mauney, Mills, Rauch, Raynor, Royall, Scott, Lynwood Smith. Strickland, 
Taylor, Webster, White, Wilkie, Williamson — 23. 

H. B. 1215, Senate Committee Substitute for H. B. 1215, a bill to promote 
safety in the use of firearms in certain counties. Upon motion of 

Senator Rhyne, the Senate Committee Substitute, as amended, is adopted 
and remains on the Calendar. 

H. B. 1613, a bill to clarify and expand the provisions of Chapter 85B 
concerning the licensing and regulation of auctioneers and apprentice auc- 
tioneers, as amended, upon third reading. The bill, as amended, passes 
its third reading and is ordered sent to the House of Representatives for 
concurrence in the Senate amendment. 

H. B. 2129, a bill to alter the corporate boundaries of the Town of East 
Arcadia, upon third reading. The bill passes its third reading by 

roll-call vote, ayes 36, noes 0, as follows : Those voting in the affirma- 

tive are: Senators Alford, Bagnal, Bob L. Barker, Robert J. Barker, 
Blanchard, Britt, Butner, Crawford, Folger, Garrison, Godwin, Gudger, 
Hardison, Henley, Horton, Hughes, Kincaid, Kirby, Knox, Mauney, Moore, 
Mullins, Poovey, Raynor, Royall, Saunders, Lynwood Smith, McNeill Smith, 
Somers, Staton, Strickland, Taylor, Webster, White, Wilkie, Williamson — 
36. The bill is ordered enrolled. 

Upon motion of Senator Allen, the Senate recesses until 1:15 P.M. 



1974] SENATE JOURNAL 353 

AFTERNOON SESSION 

Senate Chamber, 
Tuesday, April 2, 1974. 

The Senate meets pursuant to recess, and is called to order by Lieutenant 
Governor James B. Hunt, Jr. 

S. B. 1455 and H. B. 2099. Upon motion of Senator Kirby, S. B. 

1455, a bill to prohibit setting or using trap of leg-gripping type in Harnett 
County, and H. B. 2099, a bill to prohibit setting or using trap of leg- 
gripping type in Duplin County, are taken from the Committee on Calendar 
and re-referred to the Committee on Wildlife. 

H. B. 1304. Upon motion of Senator Hardison, the vote by which 

H. B. 1304, a bill to regulate unfair use of the word wholesale and similar 
terms in merchandising, was tabled is reconsidered and the bill, as amended, 
is placed on today's Calendar. 

enrolled bills 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. B. 89, an act to amend General Statute 20-138 relative to driving under 
the influence of intoxicating liquor and General Statute 20-139.1 relative to 
the admissibility of chemical analysis for blood alcohol in evidence in trial 
for driving under the influence. 

S. B. 619, an act to limit the raising or lowering of the front or rear 
end of passenger vehicles. 

S. B. 945, an act to require companies writing automobile insurance to 
notify the commissioner when their relationship with an agency is term- 
inated. 

S. B. 980, an act to rewrite Article 4 of Chapter 122 of the General 
Statutes concerning voluntary admissions to mental health facilities. 

S. B. 1004, an act to amend General Statute 110-119 to dispense with 
reports to the solicitor unless abuse of a child has been found. 

S. B. 1005, an act to amend General Statute 110-117 to include certain 
additional professional persons among those who are to report child abuse. 

S. B. 1018, an act to make technical amendments to General Statute 
55-31 (a) and (c) and General Statute 55-50 (1), the Business Corporation 
Act. 

S. B. 1042, an act to rewrite General Statute 20-347 (b) pertaining to 
recording odometer reading by the Department of Motor Vehicles. 

S. B. 1060, an act to amend General Statute 20-109 relative to altering 
or changing an engine or other number. 



354 SENATE JOURNAL [Session 

S. B. 1066, an act to change the name of the Commission for Medical 
Facility Services and Licensure to The North Carolina Medical Care 
Commission. 

S. B. 1369, an act to amend the North Carolina Biological Organism Act 
(General Statute 106-65.42 et seq.). 

S. B. 1404, an act relating to the fees of the Board of Examiners in 
Optometry. 

H. B. 1396, an act to amend General Statute 14-258.1 to apply to mental 
institutions. 

H. B. 1551, an act to amend General Statute 163-30. 

H. J. R. 1577, a joint resolution honoring the life and memory of Mewborn 
Braxton Wilson, businessman and industrial leader. 

H. B. 1584, an act to require the surrender of titles to salvage vehicles. 

H. B. 1594, an act to amend General Statute 113-104 with respect to 
hunting with unplugged shotguns. 

H. B. 1595, an act to provide further protection for bear and wild turkey. 

H. B. 1597, an act to prevent the spread of disease among native popula- 
tions of wild turkey. 

H. J. R. 1620, a joint resolution honoring the life, memory and achieve- 
ments of Edwin Duncan, Sr., former member of the Senate. 

H. B. 1699, an act to provide staggered terms for the Stokes County 
Board of Commissioners. 

H. J. R. 1722, a joint resolution commemorating the centennial celebration 
of the Town of Maxton. 

H. J. R. 1805, a joint resolution honoring the life and memory of Howard 
H. Hubbard, former judge of the superior court. 

H. B. 1864, an act to incorporate the Rural Hall Sanitary District into a 
municipality to be known as the Town of Rural Hall. 

H. J. R. 1922, a joint resolution honoring Leonard Thompson for his 
achievements in golf and his humanitarian and philanthropic acts. 

H. J. R. 1996, a joint resolution honoring the life and memory of Ernest 
L. Hicks, former member of the House of Representatives from Mecklen- 
burg. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 



1974] SENATE JOURNAL 355 

By Senator Kirby, for the Committee on Calendar: 

S. J. R. 1383, a joint resolution commending the North Carolina Justice 
Foundation and recommending the expansion of its school programs, with 
a favorable report. 

S. J. R. 1385, a joint resolution authorizing and directing the Legislative 
Research Commission to study North Carolina's potential for human tissue 
donations and to propose a plan for facilitating the donation and effective 
utilization of such donations, with a favorable report. 

S. J. R. 1435, a joint resolution proclaiming the week of July 1-6, 1974, 
as USA-USSR week in North Carolina, with a favorable report. 

S. J. R. 1437, a joint resolution honoring the life, service and memory of 
Harry Tracy Westcott, with a favorable report. 

S. B. 1441, a bill to appoint members of the Caldwell County Board of 
Education and to provide for subsequent election of members of the Caldwell 
County Board of Education, with a favorable report. 

S. B. 1461, a bill dealing with the Board of Education of Elkin City 
School Administrative Unit, with a favorable report. 

S. B. 1465, a bill relating to the game laws in Pender and Duplin Counties, 
with a favorable report. 

S. J. R. 1468, a joint resolution honoring Tommy Burleson for his out- 
standing achievements as a North Carolina State University basketball 
player, with a favorable report. 

S. B. 1473, a bill to authorize a beer and wine election in the Town of 
Calabash, with a favorable report. 

H. B. 850, a bill amending General Statute 160A-364 with respect to the 
time of giving notice of public hearing and the recordation of ordinances, 
with a favorable report. 

H. B. 1643, a bill to authorize the Town of Holly Ridge to donate a 
tract of land to the Penslow Health Center Foundation, Inc., with a 
favorable report. 

H. B. 1892, a bill to amend Chapter 398, Session Laws of 1959, redefining 
the corporate limits of the Town of Forest City in Rutherford County, with 
a favorable report. 

H. B. 1906, a bill to make Chapter 1206, Session Laws of 1965, Chapter 
815, Session Laws of 1967, and Chapter 1060, Session Laws of 1971, relating 
to bidding and disposition of redevelopment property, applicable to the City 
of New Bern, with a favorable report. 

H. B. 1909, a bill to add Cabarrus County to the provision of Article 9B 
of Chapter 44 of the General Statutes relating to attachment or garnish- 
ment and lien for ambulance services in certain counties, with a favorable 
report. 



356 SENATE JOURNAL [Session 

H. B. 1910, a bill to permit certain retirement service credits for the 
Clerk of the Superior Court of Randolph County and employees of the 
Clerk's office, with a favorable report. 

H. B. 1935, a bill to amend General Statute 143-129 relating to the 
letting of public contracts by the City of Charlotte and Mecklenburg County, 
with a favorable report. 

H. B. 1937, a bill to amend Chapter 412 of the Session Laws of 1969 
relating to the Reidsville Firemen's Supplemental Retirement Fund, with 
a favorable report. 

H. B. 1950, a bill to allow the Town of Nags Head to designate certain 
town-owned property for health care purposes, with a favorable report. 

H. B. 1951, a bill to annex to the City of Concord all territory lying 
within its outermost boundaries and not previously annexed or incorporated, 
with a favorable report. 

H. B. 1970, a bill to authorize the ABC Board of the Town of Mt. Pleasant 
to spend seven percent (7%) of its profits for alcoholic rehabilitation, with 
a favorable report. 

H. B. 1991, a bill to provide for compensation of members of the Bladen 
County Board of Education, with a favorable report. 

H. B. 2000, a bill to restrict starting times for Sunday auto races in 
Cleveland, Polk and Rutherford Counties, with a favorable report. 

H. B. 2002, a bill to alternate terms of Chowan County Commissioners 
and fix the term of office at four years, with a favorable report. 

H. B. 2016, a bill to authorize the County Commissioners of Robeson, 
Hoke and Scotland Counties to fix the salary and other compensation for 
Boards of Education within their respective counties, with a favorable 
report. 

H. B. 2028, a bill to amend General Statute 115-18 to provide for an 
additional member of the Hyde County Board of Education with such 
member being a resident of Ocracoke, with a favorable report. 

H. J. R. 2052, a joint resolution honoring the life and memory of Margaret 
Baggett Dolan, with a favorable report. 

H. B. 2060, a bill to permit the County Commissioners of Tyrrell County 
to appoint the Tyrrell County Board of Alcoholic Control, with a favorable 
report. 

H. B. 2070, a bill to extend the corporate limits of the Town of Oriental, 
with a favorable report. 

H. B. 2080, a bill to authorize the Gaston County Board of Commissioners 
to set the compensation of the members of the Gaston County Board of 
Education, with a favorable report. 

H. B. 2082, a bill to provide that absentee voting shall be permitted in all 
municipal elections in the Cities of Greensboro and High Point, with a 
favorable report. 



1974] SENATE JOURNAL 357 

H. B. 2088, a bill to amend Chapter 910 of the 1971 Session Laws of 
North Carolina being the charter of the City of Gastonia in Gaston County, 
with a favorable report. 

H. B. 2094, a bill to fix the compensation of members of the New Bern 
City School District Board of Education, with a favorable report. 

H. B. 2095, a bill to revise and consolidate the charter of the City of 
Rockingham, Richmond County, with a favorable report. Upon motion 

of Senator Deane, the bill is recommitted to the Committee on Calendar. 

H. B. 2096, a bill to eliminate Madison County's exemption from the 
application of General Statute 47-30 concerning the recording of plat and 
subdivision maps, with a favorable report. 

H. B. 2102, a bill to amend Chapter 262, 1967 Session Laws, relative to 
the compensation provided to members of the Vance County Board of 
Education, with a favorable report. 

H. B. 2103, a bill providing for the nomination and election of members 
of the Reidsville City Board of Education, with a favorable report. 

H. B. 2106, a bill to ratify, confirm and validate the election held to 
incorporate the Town of Pine Knoll Shores pursuant to Chapter 265, Session 
Laws of 1973, with a favorable report. 

H. B. 2123, a bill to authorize supplemental compensation for full-time 
employees of the City of Fayetteville permanently disabled as the result 
of criminal assault in performance of official duty, with a favorable report. 

H. B. 2125, a bill relating to zoning in Mecklenburg County and the City 
of Charlotte, with a favorable report. 

H. B. 2132, a bill relating to the letting of contracts and the purchase of 
motor vehicles by the City of Winston-Salem, with a favorable report. 

H. B. 2139, a bill to extend the corporate limits of the Town of Bayboro, 
with a favorable report. 

H. B. 2140, a bill to provide for the nomination and election of members 
of the Wayne County Board of Education, with a favorable report. 

H. B. 2141, a bill to alter the boundary lines of the Kinston Graded School 
District to reduce the area encompassed thereby, with a favorable report. 

By Senator Kirby, for the Committee on Finance: 

S. B. 1079, a bill to amend General Statute 20-85 to increase the fee for 
a certificate of title from one dollar ($1.00) to two dollars ($2.00), with an 
unfavorable report as to bill, favorable as to Committee Substitute bill. 
Upon motion of Senator Kirby, the rules are suspended, and the Committee 
Substitute bill is placed on today's Calendar. 

S. B. 1082, a bill to increase the fees for a certified or uncertified copy 
of an accident report, with a favorable report. 



358 SENATE JOURNAL [Session 

H. B. 1752, a bill to amend General Statute 105-304 to make clear where 
certain tangible personal property is to be listed for taxation and to amend 
and clarify the statutes relating to the valuation of the property of public 
service companies, with a favorable report. 

H. B. 1921, a bill relating to fees collectible by the Board of Pharmacy, 
with a favorable report. 

H. B. 2007, a bill to repeal the privilege tax on manufacturers, producers, 
bottlers and distributors of soft drinks, and to reduce the privilege tax on 
certain soft drink dispensers, with a favorable report. 

H. B. 2040, a bill to classify property of veterans and Masonic organiza- 
tions for ad valorem tax purposes, with a favorable report, as amended. 

By Senator Allsbrook, for the Committee on Judiciary No. 1: 

S. B. 1195, a bill to amend the Adoptions Law to provide that a parent 
shall not be a necessary party to adoption proceeding initiated subsequent 
to termination of his parental rights by a district court, with a favorable 
report. 

S. B. 1337, a bill to require newspapers to print replies where they 
attack a person's character or his record of public service, with an unfavor- 
able report as to bill, favorable as to Committee Substitute bill. Upon 
motion of Senator Allsbrook, the rules are suspended, and the Committee 
Substitute bill is placed on today's Calendar. 

By Senator Britt, for the Committee on Judiciary No. 2 : 

S. B. 1059, a bill to revise the North Carolina Anti-Obscenity Statute, 
with an unfavorable report as to bill, favorable as to Committee Substitute 
bill. Upon motion of Senator Britt, the rules are suspended, and the 

Committee Substitute bill is placed on today's Calendar. 

By Senator Stallings, for the Committee on Local Government and Re- 
gional Affairs: 

S. B. 1474, a bill to fill a vacancy on the Person County Board of 
Education and to amend Chapter 850 of the 1963 Session Laws to provide 
for the filling of vacancies and time for taking office, with a favorable 
report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

Upon the motion of Senator Strickland, the rules are suspended to 
permit the introduction in today's Session of local bills: 

S. B. 1477, by Senator Strickland, a bill relating to the terms of office 
of the members of the Goldsboro City Board of Education. Referred 

to Committee on Calendar. 



1974] SENATE JOURNAL 359 

S. B. 1478, by Senator Kincaid, a bill to provide a supplemental retire- 
ment fund for firemen in the City of Lenoir and to modify the application 
of General Statute 118-5, 118-6 and 118-7 to the City of Lenoir. 
Referred to Committee on Calendar. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Repre- 
sentatives : 

H. B. 1130 

Committee Substitute for H. B. 1130 

House of Representatives, 
April 2, 1974. 

Mr. President: 

It is ordered that a message be sent your Honorable Body requesting the 
return of Committee Substitute for House Bill 1130, "a bill to be entitled 
an act to further effectuate the reorganization of State Government #5," 
for further consideration by the House of Representatives. 

Respectfully, 

Grace Collins 
Principal Clerk 

Upon motion of Senator Rauch, Committee Substitute for H. B. 1130 
is ordered taken from the Committee on State Government and returned 
to the House of Representatives. 

S. B. 978 

Committee Substitute for S. B. 978 

House of Representatives, 
April 2, 1974. 



Mr. President: 

Pursuant to your information that your Honorable Body failed to concur 
in House amendment to Committee Substitute for Senate Bill 978, " a bill to 
be entitled an act to regulate contributions and expenditures in political 
campaigns," the Speaker has appointed as conferees on the part of the 
House, Representatives Messer, Hyde and Watkins to act with a like 
committee on the part of the Senate to the end that the differences existing 
between the two Bodies may be adjusted. 

Respectfully, 

Grace Collins 
Principal Clerk 



360 SENATE JOURNAL [Session 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

S. B. 1059, Committee Substitute for S. B. 1059, a bill to revise the North 
Carolina Anti-Obscenity Statute. Upon motion of Senator Britt, the 

Committee Substitute is adopted. Upon motion of Senator Britt, the 

Committee Substitute bill is placed on the Calendar for Thursday, April 4. 

S. B. 1079, Committee Substitute for S. B. 1079, a bill to amend General 
Statute 20-85 to increase the fee for a certificate of title from one dollar 
($1.00) to two dollars ($2.00). Upon motion of Senator Kirby, the 

Committee Substitute is adopted and remains on the Calendar. 

S. B. 1337, Committee Substitute for S. B. 1337, a bill to require news- 
papers to print replies where they attack a person's character or his record 
of public service. Upon motion of Senator Allsbrook, the Committee 

Substitute is adopted and remains on the Calendar. 

S. B. 1420, a bill to amend Article V of the Constitution of North Carolina 
to authorize the issuance of revenue bonds to finance industrial facilities in- 
cluding pollution control facilities, land or equipment related thereto, as 
amended, upon second reading 1 . Senator Allsbrook offers an amend- 

ment which is adopted. Senator Allsbrook offers a second amendment 

which is adopted. Senator Allsbrook offers a third amendment which 

is adopted. Senator Allsbrook offers a fourth amendment which is 

adopted. The bill, as amended, passes its second reading by roll-call 

vote, ayes 39, noes 3, as follows: Those voting in the affirmative are: 

Senators Alford, Allsbrook, Bagnal, Robert J. Barker, Blanchard, Britt, 
Butner, Crawford, Folger, Godwin, Gudger, Hardison, Harrington, Henley, 
Horton, Hughes, Kincaid, Kirby, Knox, Mauney, Mills, Moore, Mullins, 
Rauch, Raynor, Rountree, Royall, Saunders, Scott, Sharpe, Lynwood Smith. 
McNeill Smith, Stallings, Staton, Strickland, Taylor, Webster, White, Wilkie 
— 39. Those voting in the negative are: Senators Poovey, Rhyne, 

Somers — 3. The bill, as amended, passes its third reading by roll-call 

vote, ayes 37, noes 3, as follows: Those voting in the affirmative are: 

Senators Alford, Allsbrook, Bagnal, Robert J. Barker, Blanchard. Britt, 
Butner, Folger, Garrison, Godwin, Hardison, Harrington, Henley, Horton, 
Hughes, Kincaid, Kirby, Knox, Mauney, Mills, Moore, Rauch, Raynor, 
Rountree, Royall, Saunders, Scott, Lynwood Smith, McNeill Smith, Stallings, 
Staton, Strickland, Taylor, Webster, White, Wilkie, Williamson — 37. 
Those voting in the negative are: Senators Poovey, Rhyne, Somers — 3. 
The bill, as amended, is ordered engrossed and sent to the House of Rep- 
resentatives. 

S. B. 1449, a bill to revive the "North Carolina Pollution Abatement and 
Industrial Facilities Financing Act" (Chapter 159A of the North Carolina 
General Statutes). Upon motion of Senator Folger, the bill is post- 

poned indefinitely. 

H. B. 1304, Committee Substitute for H. B. 1304, a bill to regulate unfair 
use of the word wholesale and similar terms in merchandising. Senator 



1974] SENATE JOURNAL 361 

Hardison offers an amendment which is adopted. Senator Mauney 

moves that the Committee Substitute bill, as amended, do lie upon the 
table. Senator Deane calls for the "ayes" and "noes." The call is 

sustained. Senator Mauney withdraws his motion to table the Com- 

mittee Substitute bill, as amended, and moves that the Committee Substitute 
bill, as amended, be temporarily displaced, which motion prevails. 
Senator Mauney offers an amendment which is adopted. Senator 

Robert J. Barker moves that the Committee Substitute bill, as amended, be 
re-referred to the Committee on Judiciary No. 1, which motion prevails. 

H. B. 1377, a bill to amend General Statute 115-77 to provide that 
qualified voters residing in territory permanently attached to a local tax 
district or school administrative unit shall be permitted to vote in school 
board elections. The bill passes its second reading. Upon ob- 

jection of Senator White to its third reading, the bill remains on the 
Calendar. 

H. B. 1526, Committee Substitute for H. B. 1526, a bill to amend the 
powers and duties of the Governor to allow him to authorize the National 
Guard and/ or Highway Patrol to remove vehicles that are blocking public 
vehicular areas, as amended, upon third reading. Senator Crawford 

offers an amendment which is adopted. The Committee Substitute bill, 

as amended, passes its third reading and is ordered sent to the House of 
Representatives for concurrence in the Senate amendments. 

H. B. 1633, a bill to amend General Statute 20-28 pertaining to motor 
vehicle driver's license revocations. Passes its second and third read- 

ings and is ordered enrolled. 

H. B. 1634, a bill to amend General Statute 20-166.1 to require drivers 
involved in accidents to furnish proof of financial responsibility on forms 
prescribed by the Department of Motor Vehicles. Passes its second 

and third readings and is ordered enrolled. 

H. B. 1636, a bill to amend General Statute 20-108 to make the Section 
applicable to vehicle transmissions and to prescribe a minimum fine. 
Upon motion of Senator McNeill Smith, the Committee amendment is 
adopted. The bill, as amended, passes its second and third readings 

and is ordered sent to the House of Representatives for concurrence in the 
Senate amendment. 

H. B. 1637, a bill to amend General Statute 20-309 and General Statute 
20-311 to add the parent of a vehicle owner or parent or the owner's spouse 
to a list of persons in whose name the vehicle may not be re-registered. 
The bill fails to pass its second reading. 

H. B. 1638, a bill to amend General Statute 20-64 concerning refunds upon 
the surrender of an unexpired registration plate. Passes its second 

and third readings and is ordered enrolled. 

H. B. 1648, Committee Substitute for H. B. 1648, a bill to amend the 
Workmen's Compensation Act regarding medical treatment. Upon 



362 SENATE JOURNAL [Session 

motion of Senator Mauney, consideration of the Committee Substitute bill 
is postponed until Thursday, April 4. 

H. B. 1649, a bill to change the name of the Commission for Medical 
Facility Services and Licensure to the North Carolina Medical Care Com- 
mission. Upon motion of Senator Royall, consideration of the bill is 
postponed indefinitely. 

H. B. 1663, a bill to amend General Statute 163-137 to require different 
colors for each separate ballot in primary and general elections. Passes 

its second and third readings and is ordered enrolled. 

H. B. 1670, a bill to permit a register of deeds to index limited partner- 
ship agreements solely in the name of the partnership. Passes its 
second and third readings and is ordered enrolled. 

H. B. 1714, a bill to amend General Statute 115-36 to permit local boards 
of education to include pupils attending kindergarten and third grade in 
rules and regulations county and city boards may adopt concerning the 
length of the school day for handicapped children, first and second 
grades. Passes its second and third readings and is ordered enrolled. 

H. B. 1739, a bill to amend Article 15 of Chapter 58 of the North Carolina 
General Statutes to prohibit kickbacks and rebates in the sale of title 
insurance. Upon motion of Senator Gudger, consideration of the bill 

is postponed until Wednesday, April 3. 

H. B. 1772, a bill to abolish the common law crime of suicide. Upon 

motion of Senator Gudger, consideration of the bill is postponed until 
Wednesday, April 3. 

H. B. 1783, Committee Substitute for H. B. 1783, a bill to amend Chapter 
96 of the General Statutes known as the Employment Security Law. 
Passes its second and third readings and is ordered enrolled. 

H. B. 1788, a bill to amend General Statute 7A-311(a)(l) relating to civil 
process fees. Passes its second and third readings and is ordered 

enrolled. 

H. B. 1806, a bill to amend General Statute 160A-282 by authorizing the 
establishment of an auxiliary law enforcement agency by cities and coun- 
ties. The bill passes its second reading. Upon objection of Sena- 
tor Mullins to its third reading, the bill remains on the Calendar. 

H. B. 1808, a bill amending General Statute 24-14 relating to loans secured 
by secondary or junior mortgages. Upon motion of Senator Knox, the 

Committee amendment is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
sent to the House of Representatives for concurrence in the Senate amend- 
ment. 

H. B. 1874, a bill to establish procedures for disposition of juveniles with 
mental disorders, retardation or impairment. Upon motion of Senator 

Kirby, consideration of the bill is postponed until Wednesday, April 3. 



1974] SENATE JOURNAL 363 



H. B. 1877, a bill relating to certain members of the Teachers' and State 
Employees' Retirement System who were formerly members of the Law 
Enforcement Officers' Benefit and Retirement Fund. Upon motion of 

Senator Kirby, consideration of the bill is postponed until Wednesday, 
April 3. 

H. B. 1881, a bill to amend General Statute 130-13 relating to the mem- 
bership of county boards of health. Upon motion of Senator Poovey, 
the Committee amendment is adopted. The bill, as amended, passes 
its second and third readings and is ordered sent to the House of Represen- 
tatives for concurrence in the Senate amendment. 

H. B. 1891, a bill relating to the medical examination of prisoners for 
tuberculosis and venereal diseases. Passes its second and third readings 

and is ordered enrolled. 

H. B. 1916, a bill to amend General Statute 20-81.1 relating to special 
plates for amateur and Class D citizen radio stations. Upon motion of 

Senator Bagnal, the Committee amendment is adopted. The bill, as 

amended, passes its second and third readings and is ordered sent to the 
House of Representatives for concurrence in the Senate amendment. 

H. B. 1918, a bill to rewrite General Statute 113-102 relating to protected 
and unprotected game. Senator Moore moves that the bill do lie upon 

the table, which motion prevails. 

H. B. 1945, a bill authorizing county and city boards of education to 
expend public funds to transport autistic and communications handicapped 
children. Upon motion of Senator Coleman, consideration of the bill 

is postponed until Wednesday, April 3. 

CONFERENCE REPORT 

H. B. 747 

Senator Kirby, for the Conferees appointed to consider the differences 
arising between the Senate and House of Representatives upon H. B. 747, 
"a bill to provide for annexation by cities of areas not contiguous to the 
corporate limits upon unanimous petition of the property owners in such 
areas," submits the following report: i 

To the President of the Senate and the Speaker of the House of Represen- 
tatives : 

We, your Conference Committee appointed to consider and resolve the 
differences arising between the two Bodies on House Bill 747, an act to pro- 
vide for annexation by cities of areas not contiguous to the corporate limits 
upon unanimous petition of the property owners in such areas, wish to 
report as follows: 

The Conference Committee agreed as follows: 

The Conferees have corrected a technical error, added a clarifying sen- 
tence and changed the effective date to July 1, 1974. The clarifying 



364 SENATE JOURNAL [Session 

sentence provides that any satellite annexation underway shall not be 
affected or repealed by House Bill 747. 

It is requested that the House and Senate concur in this report, for which 
the Senate amendment has been rewritten to incorporate these changes, 
copy of which is attached and incorporated. 

And to this end it is recommended that the Senate and the House of 
Representatives adopt the foregoing report. 

This the 2nd day of April, 1974. 

J. Russell Kirby 

W. D. Mills 

George Rountree III 

Conferees for the Senate 

Samuel H. Johnson 
Claude DeBruhl 
Craig Lawing 
Conferees for the House of 
Representatives 

SENATE AMENDMENT TO H. B. 747 

Amend H. B. 747 on page 1, between lines 5 and 6, by inserting a new 
Section 1 to read as follows: 

"Section 1. It is hereby declared as a matter of State policy that legisla- 
tion authorizing annexation by cities of areas not contiguous to their 
corporate limits should be uniform for all cities having such authority." 

FURTHER AMEND on page 1, line 6, by renumbering Sections 1 through 
5 as Sections 2 through 6, respectively. 

FURTHER AMEND on page 6, between lines 10 and 11, by inserting the 
following: 

"Chapter 112, Session Laws of 1973 (Town of Nashville). 

"Chapter 164, Session Laws of 1973 (Town of Selma). 

"Chapter 188, Session Laws of 1973 (Town of Kure Beach). 

"Chapter 276, Session Laws of 1973 (Town of Benson). 

"Chapter 375, Session Laws of 1973 (City of Rocky Mount). 

"Chapter 427, Session Laws of 1973 (City of Jacksonville). 

"Chapter 651, Session Laws of 1973 (Town of Carolina Beach). 

"Chapter 984, Session Laws of 1973 (Town of Manteo)." 

FURTHER AMEND on page 6, line 16, by adding a new sentence as 
follows: "Any annexations heretofore begun under authority of any of the 
foregoing acts but not fully accomplished as of the effective date of this act 



. 



1974] SENATE JOURNAL 365 

may be completed pursuant to such act or acts, and shall be governed by 
the provisions of such act or acts, notwithstanding the repeal of such act 
or acts by this act." 

FURTHER AMEND on page 6, line 25, by striking out the words "upon 
ratification" and inserting in lieu thereof the following: "July 1, 1974." 

Upon motion of Senator Kirby, the Conference Report is adopted and a 
message is ordered sent to the House of Representatives informing that 
Honorable Body of such action. 

Upon motion of Senator Royall, the Senate adjourns to meet tomorrow 
at 10:30 A.M. 



ONE HUNDRED FIFTY -THIRD DAY 

Senate Chamber, 
Wednesday, April 3, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by the Reverend R. L. Weatherspoon, Pastor of the 
Longview Baptist Church, Raleigh. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found to 
be correct, and upon his motion the reading of the Journal is dispensed with 
and it stands approved as written. 

H. B. 1916. Upon motion of Senator Kirby, a message is ordered 

sent to the House of Representatives requesting the return of H. B. 1916, 
as amended, a bill to amend General Statute 20-81.1 relating to special 
plates for amateur and Class D citizen radio stations for further con- 
sideration by the Senate. 

enrolled bills 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary of 
State: 

S. B. 1062, an act to amend General Statute 67-13 relating to the payment 
of damages to persons or property injured by dogs so as to exempt Avery 
County from said Act. 

S. B. 1099, an act to amend General Statute 78-19 of the General Statutes 
relating to interest charges by brokers or dealers. 

S. B. 1101, an act to provide immunity from monetary liability for acts 
or members of medical review committees when performed within the scope 
of the functions of such committees. 



366 SENATE JOURNAL [Session 

S. B. 1150, an act to provide for annexation by the City of Gastonia of 
municipally-owned real property not contiguous to its corporate limits. 

S. B. 1186, an act to amend Article 15, Chapter 113 of the North Carolina 
General Statutes relating to penalties in regulation of coastal fisheries. 

S. B. 1190, an act to amend General Statutes Section 93A-6, entitled 
"Revocation or Suspension of Licenses by Board." 

S. B. 1198, an act to repeal General Statute 115-161. 

S. B. 1199, an act to amend General Statute 135-6 to increase the mem- 
bership of the Retirement System's Board of Trustees. 

S. B. 1202, an act to preserve four-year straight terms for elected 
officials in certain municipalities. 

S. B. 1214, an act to amend General Statute 7A-451(a) and add General 
Statute 148-62.1 to provide counsel for indigents in certain parole revoca- 
tion proceedings. 

S. B. 1228, an act to amend General Statute 143B-179 to increase the 
membership of the Council on Developmental Disabilities of the Department 
of Human Resources. 

S. B. 1234, an act to amend the Workmen's Compensation Act regarding 
the maximum amount of weekly benefits. 

S. B. 1269, an act to make Chapter 1206, Session Laws of 1965, Chapter 
815, Session Laws of 1967, and Chapter 1060, Session Laws of 1971, re- 
lating to bidding and disposition of redevelopment property, applicable to 
the City of New Bern. 

S. B. 1342, an act to amend General Statute 20-57 relating to motor 
vehicle registration cards. 

S. B. 1414, an act to authorize supplemental compensation for Cumber- 
land County law enforcement officers injured in line of duty. 

S. J. R. 1460, a joint resolution honoring the life and memory of B. 
Everett Jordan, former United States Senator from North Carolina, who 
served his county, State, and nation with honor, devotion and distinction. 

H. B. 166, an act to rewrite Article 11 of Chapter 90 of the General 
Statutes relating to veterinarians. 

H. B. 2129, an act to alter the corporate boundaries of the Town of East 
Arcadia. 

H. B. 1487, an act creating emergency authority to operate water or 
sewer utility. 

H. B. 1573, an act removing the usury rate ceiling and pre-payment 
penalties on all first mortgage home loans until June 30, 1975. 



1974] SENATE JOURNAL 367 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their 
titles, together with the reports accompanying them, and take their place 
on the Calendar, as follows: 

By Senator White, for the Committee on Agriculture: 

S. B. 1333, a bill to permit the lowering of the retail price of milk, with 
an unfavorable report. 

By Senator Godwin, for the Committee on Banking: 

S. B. 593, a bill to amend Chapter 54 of the General Statutes relating to 
savings and loan associations, without prejudice. Upon motion of 

Senator Godwin, the rules are suspended, and the bill is placed on the 
Calendar for immediate consideration. Upon motion of Senator Godwin, 

the bill is postponed indefinitely. 

S. B. 1093, a bill establishing a variable interest rate on loans secured by 
a first mortgage or first deed of trust on real property, without preju- 
dice. Upon motion of Senator Godwin, the rules are suspended, and 
the bill is placed on the Calendar for immediate consideration. Upon 
motion of Senator Godwin, the bill is postponed indefinitely. 

S. B. 1159, a bill amending General Statute 54-101 relating to election of 
directors and committees in credit unions, without prejudice. Upon 

motion of Senator Godwin, the rules are suspended, and the bill is placed 
on the Calendar for immediate consideration. Upon motion of Senator 

Godwin, the bill is postponed indefinitely. 

S. B. 1161, a bill amending General Statute 54-90 relating to the reserve 
fund of credit unions, without prejudice. Upon motion of Senator 

Godwin, the rules are suspended, and the bill is placed on the Calendar for 
immediate consideration. Upon motion of Senator Godwin, the bill is 

postponed indefinitely. 

S. B. 1376, a bill to amend General Statute 54-19 relating to loan com- 
mittees of savings and loan associations, without prejudice. Upon 
motion of Senator Godwin, the rules are suspended, and the bill is placed 
on the Calendar for immediate consideration. Upon motion of Senator 
Godwin, the bill is postponed indefinitely. 

S. B. 1425, a bill regulating the business practices of credit bureaus in 
North Carolina, without prejudice. Upon motion of Senator Godwin, 

the rules are suspended, and the bill is placed on the Calendar for im- 
mediate consideration. Upon motion of Senator Godwin, the bill is 
postponed indefinitely. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of, 
as follows: 



368 SENATE JOURNAL [Session 

S. J. R. 1479, by Senators Alford, White, Sharpe, Garrison, Staton, Deane, 
Mills, Butner, McNeill Smith, Horton, Blanchard, Kirby, Bahakel, Kincaid, 
Royall, Allen, Webster, Gudger, Harrington, Lynwood Smith, Wilkie, and 
Henley, a joint resolution creating a study commission to evaluate the 
State Textbook Commission. Referred to Committee on Calendar. 

S. B. 1480, by Senator Allen, a bill to amend General Statute 24-1.1 as 
enacted by Chapter 1119 of the 1973 Session Laws of the General Assembly 
of North Carolina. Referred to Committee on Calendar. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Represen- 
tatives: 

H. B. 1613 House of Representatives 

April 3, 1974 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the infor- 
mation that the House fails to concur in the Senate amendment to House 
Bill 1613, "a bill to be entitled an act to clarify and expand the provisions 
of Chapter 85B concerning the licensing and regulation of auctioneers and 
apprentice auctioneers," and requests conferees. Mr. Speaker Ramsey 

has appointed Representatives DeBruhl, Lawing, and Green of Bladen on 
the part of the House to confer with a like committee appointed by the 
Senate to the end that the differences arising may be adjusted. 

Respectfully, 

Grace Collins 
Principal Clerk 

Senator Moore moves that the President appoint conferees, which motion 
prevails. The President appoints Senators Deane, Poovey, and Moore 

as conferees for the Senate and a message is ordered sent to the House of 
Representatives informing that Honorable Body of such action. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and dis- 
posed of, as follows: 

S. B. 687, a bill to delete obsolete nomenclature and make technical 
changes in various sections of Chapter 15 of the General Statutes, for 
concurrence in the House amendment. Upon motion of Senator Knox, 

the Senate concurs in the House amendment and the bill, as amended, is 
ordered enrolled. 

S. B. 748, a bill to make son-in-law or daughter-in-law a Class A 
beneficiary, for concurrence in the House amendments. Upon motion 



1974] SENATE JOURNAL 369 

of Senator Strickland, the Senate concurs in the House amendments and 
the bill, as amended, is ordered enrolled. 

S. B. 995, a bill to exempt bicycles with helper motors from the registra- 
tion requirements of Chapter 20, for concurrence in the House amend- 
ment. Upon motion of Senator Staton, the Senate concurs in the 
House amendment and the bill, as amended, is ordered enrolled. 

S. B. 1078, a bill to amend General Statute 20-316 concerning departmental 
hearings upon lapse of liability insurance coverage, for concurrence in the 
House amendment. Upon motion of Senator Lynwood Smith, the 

Senate concurs in the House amendment and the bill, as amended, is 
ordered enrolled. 

S. B. 1090, a bill to amend Chapter 84 relative to the North Carolina 
State Bar, for concurrence in the House amendment. Upon motion of 

Senator Allsbrook, the Senate concurs in the House amendment and the 
bill, as amended, is ordered enrolled. 

S. B. 1201, a bill to amend General Statute 160A-64(a) to authorize travel 
and expense allowances for elected municipal officials, for concurrence in 
the House amendment. Upon motion of Senator Mills, the Senate 

concurs in the House amendment and the bill, as amended, is ordered 
enrolled. 

S. B. 1278, a bill to abolish the office of coroner in Pender County upon 
the expiration of the term of the present coroner, for concurrence in the 
House amendments. Upon motion of Senator Stallings, the Senate 

concurs in the House amendments and the bill, as amended, is ordered 
enrolled. 

S. B. 1353, a bill to amend General Statute 58-224.2, relating to the 
transfer of benefits of a deceased member of a mutual burial association, 
for concurrence in the House amendment. Upon motion of Senator 

Strickland, the Seriate concurs in the House amendment and the bill, as 
amended, is ordered enrolled. 

H. B. 1355, a bill to amend Chapter 18A of the General Statutes so as 
to clarify such Statute. Referred to Committee on Calendar. 

H. B. 1405, a bill to amend General Statute 44A-2(c) to extend the lien 
period in favor of persons engaged in the business of boarding animals. 
Referred to Committee on Calendar. 

H. B. 1848, a bill to permit the Board of Paroles to grant temporary 
parole to a committed youthful offender within the last 90 days of his 
confinement. Referred to Committee on Calendar. 

H. B. 1936, a bill to prohibit discharge of firearms on State-owned 
property in Yadkin County. Referred to Committee on Calendar. 

H. B. 1957, a bill to amend General Statute 163-137 to provide for the 
arrangement of names on the ballot. Referred to Committee on 

Calendar. 



370 SENATE JOURNAL [Session 

H. B. 2057, a bill relating to the maximum weight limits of vehicles haul- 
ing unprocessed logs or pulpwood. Referred to Committee on Calendar. 

H. J. R. 2066, Committee Substitute for H. J. R. 2066, a joint resolution 
creating a joint legislative committee to study the tax structure of North 
Carolina and its local units of government. Referred to Committee on 

Calendar. 

H. B. 2079, a bill to provide efficiency and control in the warehousing of 
alcoholic beverages. Referred to Committee on Calendar. 

H. B. 2112, a bill to provide for bi-weekly payment of annual salaries. 
Referred to Committee on Calendar. 

H. B. 2113, a bill to increase the maximum number of magistrates author- 
ized for Granville County. Referred to Committee on Calendar. 

H. B. 2130, a bill to amend Chapter 143B of the General Statutes of 
North Carolina. Referred to Committee on Calendar. 

H. B. 2137, a bill to amend Chapter 6, Private Laws of North Carolina 
1840-1841, as amended, pertaining to acquisition and construction of hos- 
pital facilities by trustees of Rex Hospital, Raleigh, North Carolina. 
Referred to Committee on Calendar. 

H. B. 2149, a bill to amend General Statutes Section 152-1 so as to 
authorize the Board of County Commissioners of Gaston County to ap- 
point an assistant coroner. Referred to Committee on Calendar. 

H. J. R. 2150, a joint resolution honoring the Greensboro YMCA All-Star 
Basketball Team. Referred to Committee on Calendar. 

H. J. R. 2154, a joint resolution honoring the Maxton High School Foot- 
ball and Basketball Teams. Referred to Committee on Calendar. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as 
follows : 

S. B. 1213, a bill to prevent the taking of deer with dogs in Wake 
County. Upon motion of Senator Bob L. Barker, the Committee amend- 

ment is adopted. The bill, as amended, passes its second and third 

readings and is ordered engrossed and sent to the House of Representatives. 

S. B. 1441, a bill to appoint members of the Caldwell County Board of 
Education and to provide for subsequent election of members of the Cald- 
well County Board of Education. Senator Kincaid offers an amendment 
which is adopted. The bill, as amended, passes its second and third 
readings and is ordered engrossed and sent to the House of Representatives. 

S. B. 1461, a bill dealing with the Board of Education of Elkin City 
School Administrative Unit. Passes its second and third readings and 

is ordered sent to the House of Representatives. 



1974] SENATE JOURNAL 371 

S. B. 1473, a bill to authorize a beer and wine election in the Town of 
Calabash. Passes its second and third readings and is ordered sent to 

the House of Representatives. 

S. B. 1474, a bill to fill a vacancy on the Person County Board of Educa- 
tion and to amend Chapter 850 of the 1963 Session Laws to provide for the 
filling of vacancies and time for taking office. Passes its second and 

third readings and is ordered sent to the House of Representatives. 

H. B. 850, a bill amending General Statute 160A-364 with respect to the 
time of giving notice of public hearing and the recordation of ordi- 
nances. Passes its second and third readings and is ordered enrolled. 

H. B. 1.215, Senate Committee Substitute for H. B. 1215, a bill to promote 
safety in the use of firearms in certain counties. Passes its second 

and third readings and is ordered sent to the House of Representatives for 
concurrence in the Senate Committee Substitute bill. 

H. B. 1643, a bill to authorize the Town of Holly Ridge to donate a tract 
of land to the Penslow Health Center Foundation, Inc. Passes its 

second and third readings and is ordered enrolled. 

H. B. 1892, a bill to amend Chapter 398, Session Laws of 1959, redefining 
the corporate limits of the Town of Forest City in Rutherford County, upon 
second reading. The bill passes its second reading by roll-call vote, 

ayes 42, noes 0, as follows: Those voting in the affirmative are: 

Senators Alford, Allen, Bagnal, Bahakel, Robert J. Barker, Blanchard, 
Butner, Crawford, Deane, Garrison, Godwin, Gudger, Hardison, Harrington, 
Henley, Horton, Kincaid, Kirby, Knox, Mauney, Mills, Moore, Mullins, 
Murrow, Poovey, Rauch, Raynor, Rhyne, Rountree, Royall, Saunders, Scott, 
Sharpe, Lynwood Smith, McNeill Smith, Somers, Stallings, Staton, Strick- 
land, Taylor, Webster, White — 42. The bill remains on the Calendar. 

H. B. 1906, a bill to make Chapter 1206, Sessions Laws of 1965, Chapter 
815, Sessions Laws of 1967, and Chapter 1060, Session Laws of 1971, re- 
lating to bidding and disposition of redevelopment property, applicable to 
the City of New Bern. Passes its second and third readings and is 

ordered enrolled. 

H. B. 1909, a bill to add Cabarrus County to the provisions of Article 9B 
of Chapter 44 of the General Statutes relating to attachment or garnish- 
ment and lien for ambulance services in certain counties. Senator 
Blanchard offers an amendment which is adopted. The bill, as amended, 
passes its second and third readings and is ordered returned to the House 
of Representatives for concurrence in the Senate amendment. 

H. B. 1910, a bill to permit certain retirement service credits for the 
Clerk of the Superior Court of Randolph County and employees of the 
Clerk's office. Upon motion of Senator Horton, consideration of the 

bill is postponed indefinitely. 



372 SENATE JOURNAL [Session 

H. B. 1935, a bill to amend General Statute 143-129 relating to the letting 
of public contracts by the City of Charlotte and Mecklenburg County. 
Passes its second and third readings and is ordered enrolled. 

H. B. 1937, a bill to amend Chapter 412 of the Session Laws of 1969 
relating to the Reidsville Firemen's Supplemental Retirement Fund. 
Passes its second and third readings and is ordered enrolled. 

H. B. 1950, a bill to allow the Town of Nags Head to designate certain 
town-owned property for health care purposes. Passes its second and 

third readings and is ordered enrolled. 

H. B. 1951, a bill to annex to the City of Concord all territory lying 
within its outermost boundaries and not previously annexed or incorporated, 
upon second reading. The bill passes its second reading by roll-call 

vote, ayes 42, noes 0, as follows: Those voting in the affirmative are: 

Senators Alford, Allen, Bagnal, Bahakel, Robert J. Barker, Blanchard, 
Butner, Crawford, Deane, Garrison, Godwin, Gudger, Hardison, Harrington, 
Henley, Horton, Kincaid, Kirby, Knox, Mauney, Mills, Moore, Mullins, 
Murrow, Poovey, Rauch, Raynor, Rhyne, Rountree, Royall, Saunders, Scott, 
Sharpe, Lynwood Smith, McNeill Smith, Somers, Stallings, Staton, Strick- 
land, Taylor, Webster, White — 42. The bill remains on the Calendar. 

H. B. 1970, a bill to authorize the ABC Board of the Town of . Mt. 
Pleasant to spend seven percent (7%) of its profits for alcoholic rehabilita- 
tion. Passes its second and third readings and is ordered enrolled. 

H. B. 1991, a bill to provide for compensation of members of the Bladen 
County Board of Education. Passes its second and third readings and 

is ordered enrolled. 

H. B. 2000, a bill to restrict starting times for Sunday auto races in 
Cleveland, Polk, and Rutherford Counties. Passes its second and third 

readings and is ordered enrolled. 

H. B. 2016, a bill to authorize the County Commissioners of Robeson, Hoke, 
and Scotland Counties to fix the salary and other compensation for boards 
of education within their respective counties. Passes its second and 

third readings and is ordered enrolled. 

H. B. 2028, a bill to amend General Statute 115-18 to provide for an 
additional member of the Hyde County Board of Education with such 
member being a resident of Ocracoke. Passes its second and third 

readings and is ordered enrolled. 

H. B. 2060, a bill to permit the County Commissioners of Tyrrell County 
to appoint the Tyrrell County Board of Alcoholic Control. Passes its 

second and third readings and is ordered enrolled. 

H. B. 2070, a bill to extend the corporate limits of the Town of Oriental, 
upon second reading. The bill passes its second reading by roll-call 

vote, ayes 42, noes 0, as follows: Those voting in the affirmative are: 

Senators Alford, Allen, Bagnal, Bahakel, Robert J. Barker, Blanchard, 
Butner, Crawford, Deane, Garrison, Godwin, Gudger, Hardison, Harrington, 



1974] SENATE JOURNAL 373 

Henley, Horton, Kincaid, Kirby, Knox, Mauney, Mills, Moore, Mullins, 
Murrow, Poovey, Rauch, Raynor, Rhyne, Rountree, Royall, Saunders, Scott, 
Sharpe, Lynwood Smith, McNeill Smith, Somers, Stallings, Staton, Strick- 
land, Taylor, Webster, White — 42. The bill remains on the Calendar. 

H. B. 2080, a bill to authorize the Gaston County Board of Commission- 
ers to set the compensation of the members of the Gaston County Board of 
Education. Passes its second and third readings and is ordered enrolled. 

H. B. 2082, a bill to provide that absentee voting shall be permitted in all 
municipal elections in the Cities of Greensboro and High Point. Passes 

its second and third readings and is ordered enrolled. 

H. B. 2088, a bill to amend Chapter 910 of the 1971 Session Laws of 
North Carolina being the charter of the City of Gastonia in Gaston County, 
upon second reading. The bill passes its second reading by roll-call 

vote, ayes 42, noes 0, as follows: Those voting in the affirmative are: 

Senators Alford, Allen, Bagnal, Bahakel, Robert J. Barker, Blanchard, 
Butner, Crawford, Deane, Garrison, Godwin, Gudger, Hardison, Harrington, 
Henley, Horton, Kincaid, Kirby, Knox, Mauney, Mills, Moore, Mullins, 
Murrow, Poovey, Rauch, Raynor, Rhyne, Rountree, Royall, Saunders, Scott, 
Sharpe, Lynwood Smith, McNeill Smith, Somers, Stallings, Staton, Strick- 
land, Taylor, Webster, White — 42. The bill remains on the Calendar. 

H. B. 2094, a bill to fix the compensation of members of the New Bern 
City School District Board of Education. Passes its second and third 

readings and is ordered enrolled. 

H. B. 2096, a bill to eliminate Madison County's exemption from the 
application of General Statute 47-30 concerning the recording of plat and 
subdivision maps. Passes its second and third readings and is ordered 

enrolled. 

H. B. 2102, a bill to amend Chapter 262, 1967 Session Laws, relative to 
the compensation provided to members of the Vance County Board of 
Education. Passes its second and third readings and is ordered enrolled. 

H. B. 2103, a bill providing for the nomination and election of the mem- 
bers of the Reidsville City Board of Education. Passes its second and 
third readings and is ordered enrolled. 

H. B. 2106, a bill to ratify, confirm and validate the election held to 
incorporate the Town of Pine Knoll Shores pursuant to Chapter 265, 
Session Laws of 1973. Passes its second and third readings and is 

ordered enrolled. 

H. B. 2123, a bill to authorize supplemental compensation for full-time 
employees of the City of Fayetteville permanently disabled as the result of 
criminal assault in performance of official duty. Passes its second 

and third readings and is ordered enrolled. 

H. B. 2125, a bill relating to zoning in Mecklenburg County and the 
City of Charlotte. Upon motion of Senator Mullins, consideration of 

the bill is postponed until Friday, April 5. 



374 SENATE JOURNAL [Session 

H. B. 2132, a bill relating to the letting of contracts and the purchase of 
motor vehicles by the City of Winston-Salem. Senator Horton offers 

an amendment which is adopted. The bill, as amended, passes its 

second and third readings and is ordered sent to the House of Representa- 
tives for concurrence in the Senate amendment. 

H. B. 2139, a bill to extend the corporate limits of the Town of Bayboro, 
upon second reading. The bill passes its second reading by roll-call 

vote, ayes 42, noes 0, as follows: Those voting in the affirmative are: 

Senators Alford. Allen, Bagnal. Bahakel. Robert J. Barker, Blanchard, 
Butner, Crawford, Deane, Garrison. Godwin. Gudger. Hardison. Harrington, 
Henley. Horton, Kincaid, Kirby, Knox, Mauney, Mills. Moore, Mullins, 
Murrow, Poovey, Rauch, Raynor. Rhyne. Rountree, Royall. Saunders, Scott, 
Sharpe, Lynwood Smith, McNeill Smith, Somers, Stallings, Staton, Strick- 
land, Taylor, Webster, White — 42. The bill remains on the Calendar. 

H. B. 2140, a bill to provide for the nomination and election of members 
of the Wayne County Board of Education. Passes its second and third 

readings and is ordered enrolled. 

H. B. 2141, a bill to alter the boundary lines of the Kinston Graded 
School District to reduce the area encompassed thereby. Senator 

Hardison offers an amendment which is adopted. The bill, as amended, 

passes its second and third readings and is ordered sent to the House of 
Representatives for concurrence in the Senate amendment. 

Upon motion of Senator Allen, the Senate recesses to meet at 1:00 P.M. 



AFTERNOON SESSION 



Senate Chamber. 
Wednesday. April 3. 1974 

The Senate meets pursuant to recess and is called to order by Lieutenant 
Governor James B. Hunt, Jr. 

H. B. 1906. a bill to make Chapter 1206. Session Laws of 1965. Chapter 
815. Session Laws of 1967, and Chapter 1060, Session Laws of 1971, re- 
lating to bidding and disposition of redevelopment property, applicable to 
the City of New Bern. Senator Stallings makes a motion to recall 

the bill from the Enrolling Office, which motion prevails. Senator 

Stallings moves the vote by which the bill passed its third reading be 
reconsidered, which motion prevails. The bill is placed on today's 

Calendar. 

H. B. 1918, a bill to rewrite General Statute 113-102 relating to protected 
and unprotected game. Senator Moore moves to reconsider the vote 

by which the bill was tabled, which motion prevails. Upon motion of 

Senator Moore, the bill is placed on the Calendar for Thursday. April 4. 



1974] SENATE JOURNAL 375 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. B. 1123, an act to amend General Statute 148-45 to include persons in 
the custody of the Department of Correction for safekeeping and for 
presentence diagnostic study. 

S. J. R. 1208, a joint resolution commemorating the life and memory 
of Joseph A. Smith. 

S. B. 1240, an act to authorize the training and utilization of emergency 
medical technicians. 

S. B. 1241, an act to amend General Statute 106-323, relating to the 
payment by the State of a part of the value of certain animals destroyed 
on account of disease. 

S. B. 1261, an act to amend General Statute 127-40 relative to the ap- 
pointment and organization of special courts-martial in the North Carolina 
National Guard. 

S. B. 1262, an act to amend General Statute 127-37.1 relative to the North 
Carolina Distinguished Service Medal. 

S. B. 1270, an act to amend General Statute 7A-451(b) relating to 
appellate representation of indigent persons. 

S. B. 1301, an act amending the Rules of Civil Procedure to require a 
party taking a deposition to furnish a copy to the opposing party. 

S. B. 1322, an act to amend Chapter 53 of the General Statutes, entitled 
"Banks," by changing the word "restricted" to "qualified." 

S. B. 1334, an act amending General Statute 45-12, relating to the sub- 
stitution of a trustee in a mortgage or deed of trust. 

S. B. 1344, an act authorizing the United States Forest Service to estab- 
lish and maintain a public swimming area in the Neuse River opposite the 
recreation area of the Croatan National Forest, Craven County. 

S. B. 1377, an act regarding the publication of financial information by 
insurers. 

S. B. 1387, an act relating to the establishment of a local government 
center. 

S. J. R. 1458, a joint resolution honoring the ROTC units and members 
in North Carolina and our nation. 

H. B. 1633, an act to amend General Statute 20-28 pertaining to motor 
vehicle driver's license revocations. 



376 SENATE JOURNAL [Session 

H. B. 1634, an act to amend General Statute 20-166.1 to require drivers 
involved in accidents to furnish proof of financial responsibility on forms 
prescribed by the Department of Motor Vehicles. 

H. B. 1638, an act to amend General Statute 20-64 concerning refunds 
upon the surrender of an unexpired registration plate. 

H. B. 1663, an act to amend General Statute 163-136 to require different 
colors for each separate ballot in primary and general elections. 

H. B. 1670, an act to permit a register of deeds to index limited partner- 
ship agreements solely in the name of the partnership. 

H. B. 1714, an act to amend General Statute 115-36 to permit local 
boards of education to include pupils attending kindergarten and third grade 
in rules and regulations county and city boards may adopt concerning the 
length of the school day for handicapped children, first and second grades. 

H. B. 1783, an act to amend Chapter 96 of the General Statutes known as 
the Employment Security Law. 

H. B. 1788, an act to amend General Statute 7A-311(a)(l) relating to 
civil process fees. 

H. B. 1891, an act relating to the medical examination of prisoners for 
tuberculosis and veneral diseases. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their 
titles, together with the reports accompanying them, and take their place 
on the Calendar, as follows: 

By Senator Kirby, for the Committee on Calendar: 

S. B. 1439, a bill to amend General Statute 20-188 to provide that in- 
spectors of the Enforcement and Theft Bureau of the Department of Motor 
Vehicles shall have the arrest powers of members of the Highway Patrol, 
with a favorable report. 

S. B. 1462, a bill to amend Chapter 6, Private Laws of North Carolina 
1840-1841, as amended, pertaining to acquisition and construction of hospital 
facilities by trustees of Rex Hospital, Raleigh, North Carolina, with a 
favorable report. 

S. B. 1463, a bill to amend Chapter 18A to allow the importing of wines 
approved by the United States Bureau of Alcohol, Tobacco and Firearms, 
with an unfavorable report as to bill, favorable as to Committee Substitute 
bill. Upon motion of Senator Moore, the rules are suspended, and the 

Committee Substitute bill is placed on today's Calendar. 

S. B. 1466, a bill to exempt the North Carolina State Ports Authority from 
the provisions of Article 3 of Chapter 143 of the General Statutes in selling 
its railroad equipment, with a favorable report. 



1974] SENATE JOURNAL 377 

S. B. 1467, a bill to amend General Statute 62-119(3) as the same relates 
to radio common carriers, with a favorable report. 

S. B. 1475, a bill to amend Chapter 163 of the General Statutes to set a 
date by which absentee ballots for voting in primary elections must be made 
available, with a favorable report. 

S. B. 1477, a bill relating to the terms of office of the members of the 
Goldsboro City Board of Education, with a favorable report. 

H. B. 619, a bill to provide for flood insurance to property owners in this 
State, with an unfavorable report. 

H. B. 904, Committee Substitute for H. B. 904, a bill to amend Chapter 
44A of the General Statutes relating to a model payment and performance 
bond, with a favorable report. 

H. B. 1054, Committee Substitute for H. B. 1054, a bill to rewrite General 
Statute 36-47, relating to establishment of common trust funds, with a 
favorable report. 

H. B. 1055, a bill to enable a fiduciary to hold bank holding company stock 
where the instrument authorizes retention of stock of a bank that is now 
part of the holding company, with a favorable report. 

H. B. 1059, Committee Substitute for H. B. 1059, a bill to change the 
date of exemption from examination for licenses by practicing plumbing 
and heating contractors to December 31, 1973, with a favorable report. 

H. B. 1076, a bill to establish proceedings before administrative agencies 
and to establish a code of administrative regulations, with a favorable report. 

H. B. 1443, a bill to amend General Statute 1-69.1 to allow partnerships 
to be sued or to sue by their common name, with a favorable report. 

H. B. 1571, a bill amending General Statute 7A-307 relating to the cost 
of court in the administration of an estate, with a favorable report, as 
amended. 

H. B. 1654, a bill to increase the jurisdictional amount for magistrate's 
court from three hundred dollars ($300.00) to five hundred dollars ($500.00), 
with a favorable report. 

H. B. 1757, Committee Substitute for H. B. 1757, a bill to prohibit pos- 
session of additional firearms by felons, with a favorable report. 

H. B. 1803, a bill to require motor carriers licensed in North Carolina to 
maintain minimum limits liability insurance of fifty thousand dollars 
($50,000)/one hundred thousand dollars ($100,000)/fifty thousand dollars 
($50,000), with a favorable report. 

H. B. 1822, a bill to provide for the sale of commercial fishing licenses in 
all counties containing coastal fishing waters, with a favorable report. 

H. B. 1842, a bill to amend Chapter 47 of the General Statutes relating 
to seals omitted from official deeds, with a favorable report. 



378 SENATE JOURNAL [Session 

H. B. 1843, a bill to repeal General Statutes 45-12 relating to certificate 
by clerk of superior court, with a favorable report. 

H. B. 1879, a bill to authorize the purchase of liability insurance for 
school board members and school administrators, with a favorable report. 

H. B. 1924, a bill to amend General Statute 20-17.1 pertaining to revo- 
cation of driver's license of mental incompetents, alcoholics and habitual 
users of narcotic drugs to provide due process, with a favorable report. 

H. B. 1926, a bill to make amendments to the law relating to the duties 
of the State Auditor, with a favorable report. 

H. B. 1927, a bill to clarify the qualification of appraisers in condemna- 
tion proceeding pursuant to Article 11, Chapter 160A of the General Stat- 
utes, with a favorable report. 

H. B. 1940, a bill to amend General Statute 108-45 to prohibit the use of 
lists of recipients of financial assistance or social services for political 
purposes, with a favorable report. 

H. B. 1943, a bill to regulate the possession of sea oats, with a favorable 
report. 

H. B. 1952, a bill authorizing counties to provide mass transit services to 
the end that counties and cities may cooperate in providing alternatives to 
private passenger automobiles, with a favorable report. 

H. B. 2008, a bill to amend General Statute 115-133.2 relating to the 
power of boards of education to offer rewards, with a favorable report. 

H. B. 2019, a bill to make an amendment in the law relating to the 
composition of officers of corporations, with a favorable report. 

H. B. 2031, a bill to amend General Statute 115A-5 to permit the State 
Board of Education to waive tuition requirements at community colleges 
for members of rescue squads, with a favorable report. 

H. B. 2050, a bill to amend General Statute 18A-36 regarding the manu- 
facture of wine for private use, with a favorable report. 

H. B. 2055, a bill to provide for detention of juveniles on a state-wide 
basis, with a favorable report, as amended. 

H. J. R. 2064, a joint resolution to establish the fisheries training vessel 
study commission, with a favorable report. 

H. B. 2077, a bill to amend Chapter 657 of the 1973 Session Laws author- 
izing the issuance of three hundred million dollars ($300,000,000) in bonds 
of the State to provide funds for public school facilities with respect to the 
allocation of the proceeds of said bonds, with a favorable report. 

H. B. 2085, a bill to validate deeds or other instruments of conveyance 
where the signature of grantor or the acknowledgement fails to designate 
grantor's official capacity, with a favorable report. 



1974] SENATE JOURNAL 379 

H. B. 2104, a bill to amend General Statute 135-28.1 relating to district 
court judges under the Teachers' and State Employees' Retirement System 
and the Uniform Judicial Retirement System, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of, 
as follows: 

S. J. R. 1481, by Senator Scott, a joint resolution authorizing an interim 
study of the program for research and development in the public school 
system of the State. Referred to Committee on Calendar. 

S. J. R. 1482, by Senator Scott, a joint resolution authorizing an interim 
study of the structure, organization, operations and fiscal affairs of the 
North Carolina State Ports Authority. Referred to Committee on 

Calendar. 

S. J. R. 1483, by Senator Scott, a joint resolution authorizing an interim 
study of the budgetary provisions of Chapter 1244 of the 1971 Session 
Laws, "an act to consolidate the institutions of higher learning in North 
Carolina." Referred to Committee on Calendar. 

S. J. R. 1484, by Senator Scott, a joint resolution authorizing an interim 
study of the fixed formula distribution of State appropriations for support 
of the public schools. Referred to Committee on Calendar. 

S. J. R. 1485, by Senator Strickland, a joint resolution creating the com- 
mission on public and private schools. Referred to Committee on 
Calendar. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as 
follows: 

S. B. 670, Committee Substitute for S. B. 670, a bill to amend the Con- 
stitution of North Carolina to permit the General Assembly to enact local 
legislation regulating trade. Upon motion of Senator Mullins, con- 

sideration of the Committee Substitute bill is postponed until Monday, 
April 8. 

S. B. 856, a bill amending General Statute 113-105 and General Statute 
113-105.2 relating to the propagation and sale of pen-raised quail. 
Upon motion of Senator Sharpe, consideration of the bill is postponed in- 
definitely. 

S. B. 1079, Committee Substitute for S. B. 1079, a bill to amend General 
Statute 20-85 to increase the fee for a certificate of title from one dollar 
($1.00) to two dollars ($2.00). The Committee Substitute bill passes 

its second reading. Upon objection of Senator Deane to its third 

reading, the Committee Substitute bill remains on the Calendar. 



380 SENATE JOURNAL [Session 

S. B. 1082, a bill to increase the fees for a certified or uncertified copy of 
an accident report. Passes its second and third readings and is ordered 

sent to the House of Representatives. 

S. B. 1195. a bill to amend the Adoptions Law to provide that a parent 
shall not be a necessary party to adoption proceeding initiated subsequent 
to termination of his parental rights by a district court. Passes its 

second and third readings and is ordered sent to the House of Representa- 
tives. 

S. B. 1196. a bill to permit the Board of Paroles to grant temporary 
parole to a committed youthful offender within the last 90 days of his 
confinement, for concurrence in the House amendment. Upon motion 

of Senator Taylor, the Senate concurs in the House amendment and the bill 
is ordered enrolled. 

S. B. 1337, Committee Substitute for S. B. 1337, a bill to require news- 
papers to print replies where they attack a person's character or his record 

of public service. Upon motion of Senator Godwin, consideration of 

the Committee Substitute bill is postponed until Thursday. Apr:'. 4. 

S. J. R. 1383, a joint resolution commending the North Carolina Justice 

Foundation and recommending the expansion of its school programs. 
Passes its second and third readings and is ordered sent to the House of 

Representatives. 

S. J. R. 1385. a joint resolution authorizing and directing the Legislative 
Research Commission to study North Carolina's potential for human tissue 
donations and to propose a plan for facilitating the donation and effective 
utilization of such donations. Passes its second and third readings and 

is ordered sent to the House of Representatives. 

S. J. R. 1435. a joint resolution proclaiming the week of July 1-6. 1974. 
as USA-USSR Week in North Carolina. Passes its second and third 

readings and is ordered sent to the House of Representatives. 

S. J. R. 1437, a joint resolution honoring the life, service and memory of 
Harry Tracy Westcott. Passes its second and third readings and is 

ordered sent to the House of Representatives. 

S. B. 1463, Committee Substitute for S. B. 1463. a bill to amend Chapter 
ISA to allow the importing of wines approved by the United States Bureau 
of Alcohol. Tobacco and Firearms. L'pon motion of Senator Moore, 

the Committee Substitute bill is adopted, and remains on the Calendar. 

S, B. 1465, a bill relating to the game laws in Pender and Duplin 
Counties. Senator Mills offers an amendment which is adopted. 

The bill, as amended, passes its second reading. Upon objection of 

Senator Hardison to its third reading, the bill, as amended, remains on the 
Calendar. 

S. J. R. 1468, a joint resolution honoring Tommy Burleson for his out- 
standing achievements as a North Carolina State L'niversity basketball 



1974] SENATE JOURNAL 381 

player. Passes its second and third readings and is ordered sent to 

the House of Representatives. 

H. B. L250, Committee Substitute for H. B. 1250, a bill to prohibit deer 
hunting from any highway right-of-way maintained by the State. 
Upon motion of Senator Godwin, the Committee amendment is adopted. 
Senator Deane offers an amendment which is adopted. The Committee 

Substitute bill, as amended, passes its second and third readings and is 
ordered sent to the House of Representatives for concurrence in the Senate 
amendments. 

H. B. 1377, a bill to amend General Statute 115-77 to provide that qualified 
voters residing in territory permanently attached to a local tax district or 
school administrative unit shall be permitted to vote in school board elec- 
tions, upon third reading. The bill passes its third reading and is 
ordered enrolled. 

H. B. 1465, a bill to make technical changes in General Statute 163 
relating to elections. Senator Moore offers an amendment which 

is adopted. Senator Moore offers a second amendment which is 

adopted. The bill, as amended, passes its second reading. Upon 

objection of Senator Horton to its third reading, the bill, as amended, 
remains on the Calendar. 

H. B. 1739, a bill to amend Article 15 of Chapter 58 of the North Carolina 
General Statutes to prohibit kickbacks and rebates in the sale of title 
insurance. Upon motion of Senator Deane, consideration of the bill 

is postponed until Thursday, April 4. 

H. B. 1752, a bill to amend General Statute 105-304 to make clear where 
certain tangible personal property is to be listed for taxation and to amend 
and clarify the Statutes relating to the valuation of the property of public 
service companies, upon second reading. The bill passes its second 

reading by roll-call vote, ayes 32, noes 0, as follows: Those voting 

in the affirmative are: Senators Alford, Bagnal, Bob L. Barker, Robert J. 
Barker, Blanchard, Butner, Coleman, Deane, Folger, Godwin, Hardison, 
Henley, Hughes, Mills, Moore, Muiiins, Murrow, Poovey, Raynor, Rhyne, 
Royall, Saunders, Sharpe, Lynwood Smith, McNeill Smith, Somers, Stallings, 
Staton, Strickland, White, Wilkie, Williamson — 32. The bill remains 

on the Calendar. 

H. B. 1772, a bill to abolish the common law crime of suicide. Upon 

motion of Senator Allsbrook, consideration of the bill is postponed until 
Tuesday, April 9. 

H. B. 1806, a bill to amend General Statute 160A-282 by authorizing the 
establishment of an auxiliary law enforcement agency by cities and coun- 
ties, upon third reading. Upon motion of Senator Crawford, considera- 
tion of the bill is postponed until Friday, April 5. 

H. B. 1874, a bill to establish procedures for disposition of juveniles with 
mental disorders, retardation, or impairment. Passes its second and 

third readings and is ordered enrolled. 



382 SENATE JOURNAL [Session 

H. B. 1906, a bill to make Chapter 1206, Session Laws of 1965, Chapter 
815, Session Laws of 1967, and Chapter 1060, Session Laws of 1971, relating 
to bidding and disposition of redevelopment property, applicable to the 
City of New Bern. Upon motion of Senator Stallings, consideration 

of the bill is postponed indefinitely. 

H. B. 1921, a bill relating to fees collectible by the Board of Pharmacy, 
upon second reading. The bill passes its second reading by roll-call 

vote, ayes 29, noes 0, as follows: Those voting in the affirmative are: 

Senators Alford, Bob L. Barker, Robert J. Barker, Blanchard, Butner, Cole- 
man, Deane, Folger, Garrison, Godwin, Hardison, Henley, Kincaid, Mauney, 
Moore, Mullins, Murrow, Poovey, Raynor, Rhyne, Royall, Saunders, Sharpe, 
McNeill Smith, Stallings, Strickland, White, Wilkie, Williamson — 29. 
The bill remains on the Calendar. 

H. B. 1945, a bill authorizing county and city boards of education to 
expend public funds to transport autistic and communications handicapped 
children. Senator Coleman offers an amendment. Upon motion 

of Senator White, consideration of the bill and pending amendment is 
postponed until Friday, April 5. 

H. B. 1946, a bill authorizing the Department of Agriculture to control 
and eradicate the animal disease known as equine infectious anemia. 
The bill passes its second reading. Upon objection of Senator Robert 

J. Barker to its third reading, the bill remains on the Calendar. 

H. B. 1974, a bill to validate certain civil proceedings involving guard- 
ians. The bill passes its second reading. Upon objection of 
Senator Gudger to its third reading, the bill remains on the Calendar. 

H. B. 2002, a bill to alternate terms of Chowan County Commissioners 
and fix the term of office at four years. Passes its second and third 

readings and is ordered enrolled. 

H. B. 2040, a bill to classify property of veterans, Masonic, and other 
fraternal and civic and charitable orders and organizations for ad valorem 
tax purposes, upon second reading. Upon motion of Senator Strickland, 

consideration of the bill is postponed until Thursday, April 4. 

H. J. R. 2052, a joint resolution honoring the life and memory of Margaret 
Baggett Dolan. Passes its second and third readings and is ordered 

enrolled. 

H. B. 1545, H. B. 1617, and H. B. 1923. Upon motion of Senator 

Moore, the following bills are taken from the Committee on Calendar and 
re-referred to the appropriate Committees: 

H. B. 1545, a bill to amend General Statute 58-210 relating to group life 
insurance. Re-referred to Committee on Insurance. 

H. B. 1617, a bill to reduce the State privilege license tax upon the exhibit 
of riding devices from ten dollars ($10.00) per week to either five dollars 
($5.00) per week or two hundred dollars ($200.00) a year. Re-referred 

to committee on Finance. 



1974] SENATE JOURNAL 383 

H. B. 1923, a bill to repeal General Statute 108-25(4) pertaining to aid 
to the aged and disabled lien agreements. Re-referred to Committee 

on Judiciary No. 2. 

Upon motion of Senator Royall, the Senate adjourns to meet tomorrow 
at 10:30 A.M. 



ONE HUNDRED FIFTY-FOURTH DAY 

Senate Chamber, 
Thursday, April 4, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Rabbi Leo J. Stillpass of Temple Beth Or, Raleigh. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

H. B. 1772. Upon motion of Senator Coleman, H. B. 1772, a bill to 

abolish the common law crime of suicide, is taken from the Calendar for 
Tuesday, April 9 and placed on the Calendar for Friday, April 5. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. B. 687, an act to delete obsolete nomenclature and make technical 
changes in various sections of Chapter 15 of the General Statutes. 

S. B. 748, an act to make son-in-law or daughter-in-law a Class A 
beneficiary. 

S. B. 995, an act to exempt bicycles with helper motors from the registra- 
tion requirements of Chapter 20. 

S. B. 1078, an act to amend General Statute 20-316 concerning depart- 
mental hearings upon lapse of liability insurance coverage. 

S. B. 1201, an act to amend General Statute 160A-64(a) to authorize 
travel and expense allowances for elected municipal officials. 

S. B. 1278, an act to abolish the office of coroner in Northampton, Pender, 
Perquimans, Davie and Orange Counties upon the expiration of the term 
of the present coroner. 

S. B. 1353, an act to amend General Statute 58-224.2, relating to the 
transfer of benefits of a deceased member of a mutual burial association. 

13 



384 SENATE JOURNAL [Session 

H. B. 1526, an act to amend the powers and duties of the Governor to 
allow him to authorize the National Guard and/ or Highway Patrol to remove 
vehicles that are blocking public vehicular areas. 

H. B. 1636, an act to amend General Statute 20-108 to make the Section 
applicable to vehicle transmissions and to prescribe a minimum fine. 

H. B. 1808, an act amending General Statute 24-14 relating to loans 
secured by secondary or junior mortgages. 

H. B. 1881, an act to amend General Statute 130-13 relating to the 
membership of county boards of health. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representa- 
tives: 

H. B. 1250, Committee Substitute for H. B. 1250 

House of Representatives 
April 4, 1974 

Mr. President : 

It is ordered that a message be sent your Honorable Body with the in- 
formation that the House fails to concur in the Senate amendments to 
Committee Substitute for House Bill 1250, "a bill to be entitled an act to 
prohibit deer hunting from any highway right-of-way maintained by the 
State," and requests conferees. Mr. Speaker Ramsey has appointed Rep- 
resentatives Miller, Watkins and Revelle on the part of the House to 
confer with a like committee appointed by the Senate to the end that the 
differences arising may be adjusted. 

Respectfully, 

Grace Collins 
Principal Clerk 

Senator Moore moves that conferees be appointed, which motion pre- 
vails. The President appoints as conferees on the part of the Senate, 
Senators Rhyne, Godwin and Deane, and a message is ordered sent to the 
House of Representatives informing that Honorable Body of such action. 

message from the house of representatives 

A message is received from the House of Representatives, transmitting 
the* following bills and resolutions, which are read the first time and dis- 
posed of as follows: 

S. B. 933, a bill to provide for the establishment of liquor stores in the 
Town of Calabash, and for the distribution of the proceeds from the opera- 
tion of liquor stores, for concurrence in the House amendment. Upon 
motion of Senator Williamson, the Senate concurs in the House amendment 
and the bill is ordered enrolled. 



1974] SENATE JOURNAL 385 

H. B. 1795, a bill to amend the license fees for the private protective 
services. Referred to Committee on Calendar. 

H. B. 2017, a bill to increase the travel allowance per mile for members 
of the Board of Law Examiners. Referred to Committee on Calendar. 

H. J. R. 2143, a joint resolution congratulating the North Carolina State 
University basketball team. Referred to Committee on Calendar. 

H. J. R. 2153, a joint resolution honoring Tommy Burleson for his out- 
standing achievements as a North Carolina State University basketball 
player. Referred to Committee on Calendar. 

H. B. 2164, a bill to provide for the election of the Governing Body of 
the Town of Bladenboro. Referred to Committee on Calendar. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their 
titles, together with the reports accompanying them, and take their place 
on the Calendar, as follows: 

By Senator Kirby, for the Committee on Finance: 

H. B. 1617, a bill to reduce the State Privilege License Tax upon the 
exhibit of riding devices from ten dollars ($10.00) per week to either five 
dollars ($5.00) per week or two hundred dollars ($200.00) a year, with a 
favorable report. 

H. B. 1652, Committee Substitute for H. B. 1652, a bill to amend General 
Statute 87-43.3 and 87-44 in order to provide for the licensing of persons, 
firms or corporations to engage in the business of special restricted electri- 
cal contracting, with a favorable report. 

By Senator Garrison, for the Committee on State Policies: 

S. B. 1341, a bill to amend the North Carolina Junkyard Control Act, 
with a favorable report, as amended. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 1477, a bill relating to the terms of office of the members of the 
Goldsboro City Board of Education. Passes its second and third read- 

ings and is ordered sent to the House of Representatives. 

H. B. 1654, a bill to increase the jurisdictional amount for magistrate's 
court from three hundred dollars ($300.00) to five hundred dollars ($500.00), 
upon second reading. The bill passes its second reading by roll-call 

vote, ayes 33, noes 0, as follows: Those voting in the affirmative are: 

Senators Allen, Bahakel, Robert J. Barker, Blanchard, Britt, Butner, Cole- 
man, Crawford, Deane, Folger, Godwin, Gudger, Hardison, Henley, Horton, 
Kincaid, Mauney, Mills, Moore, Mullins, Murrow, Poovey, Raynor, Rountree, 



386 SENATE JOURNAL [Session 

Royall, Saunders, Scott, Lynwood Smith, Stallings, Staton, Strickland, 
Webster, Williamson — 33. The bill remains on the Calendar. 

H. B. 1752, a bill to amend General Statute 105-304 to make clear where 
certain tangible personal property is to be listed for taxation and to amend 
and clarify the Statutes relating to the valuation of the property of public 
service companies, upon third reading. The bill passes its third read- 

ing by roll-call vote, ayes 32, noes 0, as follows: Those voting in the 

affirmative are: Senators Bagnal, Bahakel, Robert J. Barker, Blanchard, 
Britt, Butner, Coleman, Folger, Godwin, Gudger, Hardison, Henley, Horton, 
Kincaid, Knox, Mauney, Mills, Moore, Mullins, Murrow, Poovey, Raynor, 
Royall, Saunders, Scott, Sharpe, Lynwood Smith, McNeill Smith, Stallings. 
Strickland, Webster, Williamson — 32. The bill is ordered enrolled. 

H. B. 1822, a bill to provide for the sale of commercial fishing licenses in 
all counties containing coastal fishing waters, upon second reading. 
The bill passes its second reading by roll-call vote, ayes 34, noes 0, as 
follows: Those voting in the affirmative are: Senators Allen, Allsbrook, 

Bahakel, Robert J. Barker, Blanchard, Britt, Butner, Coleman, Crawford, 
Deane, Godwin, Gudger, Hardison, Henley, Horton, Kincaid, Kirby, Mauney, 
Mills, Moore, Mullins, Murrow, Poovey, Raynor, Rountree, Royall, Saunders, 
Scott, Lynwood Smith, Stallings, Strickland, Taylor, Webster, William- 
son — 34. The bill remains on the Calendar. 

H. B. 1892, a bill to amend Chapter 398, Session Laws of 1959, redefining 
the corporate limits of the Town of Forest City in Rutherford County, upon 
third reading. The bill passes its third reading by roll-call vote, ayes 

36, noes 0, as follows: Those voting in the affirmative are: Senators 

Allen, Allsbrook, Bagnal, Bahakel, Blanchard, Butner, Coleman, Crawford, 
Deane, Folger, Godwin, Gudger, Hardison, Harrington, Henley, Horton. 
Hughes, Kincaid, Mauney, Mills, Mullins, Murrow, Poovey,. Raynor, Rhyne, 
Royall, Saunders, Sharpe, Lynwood Smith, McNeill Smith, Somers, Stallings, 
Strickland, Taylor, Webster, Williamson — 36. The bill is ordered 

enrolled. 

H. B. 1921, a bill relating to fees collectible by the Board of Pharmacy, 
upon third reading. The bill passes its third reading by roll-call vote, 

ayes 36, noes 0, as follows: Those voting in the affirmative are: Sena- 

tors Allsbrook, Bagnal, Bahakel, Robert J. Barker, Blanchard, Britt. Butner, 
Coleman, Crawford, Folger, Godwin, Gudger, Hardison, Henley, Horton, 
Kincaid, Knox, Mauney, Mills, Moore, Mullins, Murrow, Poovey, Raynor, 
Rountree, Royall, Saunders, Scott, Sharpe. Lynwood Smith, McNeill Smith, 
Stallings, Strickland, Taylor, Webster, Williamson — 36. The bill is 

ordered enrolled. 

H. B. 1951, a bill to annex to the City of Concord all territory lying within 
its outermost boundaries and not previously annexed or incorporated, upon 
third reading. The bill passes its third reading by roll-call vote, ayes 

36, noes 0, as follows: Those voting in the affirmative are: Senators 

Allsbrook, Bagnal, Bahakel, Robert J. Barker, Blanchard, Britt, Butner, 
Coleman, Crawford, Folger, Godwin, Gudger, Hardison, Henley, Horton, 



1974] SENATE JOURNAL 387 

Kincaid, Knox, Mauney, Mills, Moore, Mullins, Murrow, Poovey, Raynor, 
Rountree, Royall, Saunders, Scott, Sharpe, Lynwood Smith, McNeill Smith, 
Stallings, Strickland, Taylor, Webster, Williamson — 36. The bill is 

ordered enrolled. 

H. B. 2070, a bill to extend the corporate limits of the Town of Oriental, 
upon third reading. The bill passes its third reading by roll-call vote, 

ayes 36, noes 0, as follows: Those voting in the affirmative are: 

Senators Allsbrook, Bagnal, Bahakel, Robert J. Barker, Blanchard, Britt, 
Butner, Coleman, Crawford, Folger, Godwin, Gudger, Hardison, Henley, 
Horton, Kincaid, Knox, Mauney, Mills, Moore, Mullins, Murrow, Poovey, 
Raynor, Rountree, Royall, Saunders, Scott, Sharpe, Lynwood Smith, McNeill 
Stallings, Strickland, Taylor, Webster, Williamson — 36. The bill is 

bill is ordered enrolled. 

H. B. 2088, a bill to amend Chapter 910 of the 1971 Session Laws of 
North Carolina being the charter of the City of Gastonia in Gaston County, 
upon third reading. The bill passes its third reading by roll-call vote, 

ayes 36, noes 0, as follows: Those voting in the affirmative are: Sena- 

tors Allsbrook, Bagnal, Bahakel, Robert J. Barker, Blanchard, Britt, Butner, 
Coleman, Crawford, Folger, Godwin, Gudger, Hardison, Henley, Horton, 
Kincaid, Knox, Mauney, Mills, Moore, Mullins, Murrow, Poovey, Raynor, 
Rountree, Royall, Saunders, Scott, Sharpe, Lynwood Smith, McNeill Smith, 
Stallings, Strickland, Taylor, Webster, Williamson — 36. The bill is 

ordered enrolled. 

H. B. 2139, a bill to extend the corporate limits of the Town of Bayboro, 
upon third reading. The bill passes its third reading by roll-call vote, 

ayes 36, noes 0, as follows: Those voting in the affirmative are: Sena- 

tors Allsbrook, Bagnal, Bahakel. Robert J. Barker, Blanchard, Britt, Butner, 
Coleman, Crawford, Folger, Godwin, Gudger, Hardison, Henley, Horton, 
Kincaid, Knox, Mauney, Mills, Moore, Mullins, Murrow, Poovey, Raynor, 
Rountree, Royall, Saunders, Scott, Sharpe, Lynwood Smith, McNeill Smith, 
Stallings, Strickland, Taylor, Webster, Williamson — 36. The bill is 

ordered enrolled. 

CONFERENCE REPORT NO. II 
S. B. 157 

Committee Substitute for S. B. 157 

Senator Knox, for the Conferees appointed to consider the differences 
arising between the Senate and House of Representatives upon Committee 
Substitute for S. B. 157, a bill to amend General Statute 14-17 murder 
defined and punishment provided for murder, [rape,] burglary and arson, 
submits the following report: 

To the President of the Senate and the Speaker of the House of Rep- 
resentatives: 

We, your second Conference Committee appointed to resolve the dif- 
ferences arising between the two Bodies on Senate Committee Substitute for 



388 SENATE JOURNAL [Session 

Senate Bill 157, a bill to be entitled an act to amend G. S. 14-17 murder 
defined and punishment provided for murder, [rape,] burglary and arson, 
wish to report as follows: 

The Conference Committee agreed to recede from sections (1) and (2) 
of Representative Josey's House amendment to Senate Committee Substitute 
for Senate Bill 157. 

The Conference Committee agreed to recede from section (1) of Repre- 
sentative Stevens of Buncombe's House amendment to Senate Committee 
Substitute for Senate Bill 157. 

The Conference Committee agreed to accept sections (3) and (4) of 
Representative Josey's House amendment to Senate Committee Substitute 
for Senate Bill 157, rewriting section (3) of the amendment to read as 
follows: 

"(3) On page 1, line 3, add 'RAPE,' after 'MURDER,' and on page 1, 
between the lines 17 and 18, insert the following section: 

'Sec. 2. G. S. 14-21 is rewritten to read as follows: 

"§ 14-21. Rape; punishment in the first and second degree. — Every 

person who ravishes and carnally knows any female of the age of twelve 
years or more by force and against her will, or who unlawfully and carnally 
knows and abuses any female child under the age of twelve years, shall be 
guilty of rape, and upon conviction, shall be punished as follows: 

(a) First degree rape: 

(1) If the person guilty of rape is more than sixteen years of age, 
'*m<\ and the rape victim is a virtuous female child under the age of 

twelve years, the punishment shall be death; or 

(2) If the person guilty of rape is more than sixteen years of age, 
and the rape victim had her resistance overcome on her sub- 
mission procured by the use of a deadly weapon, or by the in- 
fliction of serious bodily injury to her, the punishment shall be 
death. 

(b) Second degree rape: Any other offense of rape denned in this section 
shall be a lesser-included offense of rape in the first degree and shall be 
punished by imprisonment in the State's prison for life, or for a term of 
years, in the discretion of the court." ' " 

The Conference Committee agreed to accept section (2) of Representative 
Stevens of Buncombe's House amendment to Senate Committee Substitute 
for Senate Bill 157, rewriting the section to read as follows: 

"(2) On page 2, line 24, renumber the last section and insert a new 
section to precede the last section to state as follows: 

'In the event it is determined by the North Carolina Supreme Court or 
the United States Supreme Court that a sentence of death may not be 
constitutionally imposed for any capital offense for which the death penalty 



1974] SENATE JOURNAL 389 

is provided by this act, the punishment for the offense shall be life im- 
prisonment.' " 

This the 4th day of April, 1974. 

H. Edward Knox 
Fred Folger 
Bob L. Barker 

Conferees for the Senate 

H. HORTON ROUNTREE 

Samuel H. Johnson 
Lane Brown III 
Conferees for the House 
of Representatives 

Senator Allsbrook moves that the Conference Report No. II be placed on 
the Calendar for Friday, April 5 as First Order of Business, which motion 
fails to prevail. Upon motion of Senator Knox, the Conference Report 

No. II is adopted, and a message is ordered sent to the House of Represen- 
tatives informing that Honorable Body of such action. 

Upon motion of Senator Allen, the Senate recesses to meet at 1:50 P.M. 



AFTERNOON SESSION 



Senate Chamber, 
Thursday, April 4, 1974. 

The Senate meets pursuant to recess, and is called to order by Lieutenant 
Governor James B. Hunt, Jr. 

enrolled bills 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. B. 1090, an act to amend Chapter 84 relative to the North Carolina 
State Bar. 

S. B. 1196, an act to permit the Board of Paroles to grant temporary 
parole to a committed youthful offender within the last 90 days of his 
confinement. 

H. B. 850, an act amending General Statute 160A-364 with respect to the 
time of giving notice of public hearing and the recordation of ordinances. 

H. B. 1377, an act to amend General Statute 115-77 to provide that quali- 
fied voters residing in territory permanently attached to a local tax district 
or school administrative unit shall be permitted to vote in school board 
elections. 



390 SENATE JOURNAL [Session 

H. B. 1643, an act to authorize the Town of Holly Ridge to donate a tract 
of land to the Penslow Health Center Foundation, Inc. 

H. B. 1874, an act to establish procedures for disposition of juveniles with 
mental disorders, retardation, or impairment. 

H. B. 1935, an act to amend General Statute 143-129 relating to the 
letting of public contracts by the City of Charlotte and Mecklenburg County. 

H. B. 1937, an act to amend Chapter 412 of the Session Laws of 1969 re- 
lating to the Reidsville Firemen's Supplemental Retirement Fund. 

H. B. 1950, an act to allow the Town of Nags Head to designate certain 
town-owned property for health care purposes. 

H. B. 1970, an act to authorize the ABC Board of the Town of Mt. 
Pleasant to spend seven percent (1%) of its profits for alcoholic rehabilita- 
tion. 

H. B. 1991, an act to provide for compensation of members of the Bladen 
County Board of Education. 

H. B. 2000, an act to restrict starting times for Sunday auto races in 
Cleveland, Polk and Rutherford Counties. 

H. B. 2002, an act to alternate terms of Chowan County Commissioners 
and fix the term of office at four years. 

H. B. -2016, an act to authorize the County Commissioners of Robeson, 
Hoke and Scotland Counties to fix the salary and other compensation for 
Boards of Education within their respective counties. 

H. B. 2028, an act to amend General Statute 115-18 to provide for an 
additional member of the Hyde County Board of Education with such mem- 
ber being a resident of Ocracoke. 

H. B. 2060, an act to permit the County Commissioners of Tyrrell County 
to appoint the Tyrrell County Board of Alcoholic Control. 

H. B. 2080, an act to authorize the Gaston County Board of Commissioners 
to set the compensation of the members of the Gaston County Board of 
Education. 

H. B. 2082, an act to provide that absentee voting shall be permitted in 
all municipal elections in the Cities of Greensboro and High Point. 

H. B. 2094, an act to fix the compensation of members of the New Bern 
City School District Board of Education. 

H. B. 2096, an act to eliminate Madison County's exemption from the 
application of General Statute 47-30 concerning the recording of plat and 
subdivision maps. 



1974] SENATE JOURNAL 391 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their 
titles, together with the reports accompanying them, and take their place 
on the Calendar, as follows: 

By Senator Staton, for the Committee on Natural and Economic Re- 
sources: 

S. B. 646, a bill to include a segment of the South Fork of the New River 
as part of the Natural and Scenic Rivers System, with an unfavorable report 
as to bill, favorable as to Committee Substitute Joint Resolution. Upon 

motion of Senator Staton, the rules are suspended, and the Committee Sub- 
stitute Joint Resolution is placed on today's Calendar. 

By Senator Rhyne, for the Committee on Wildlife: 

H. B. 1012, Committee Substitute No. 2 for H. B. 1012, a bill to amend 
the North Carolina Boating Safety Act to conform to the requirements of 
the Federal Boat Safety Act of 1971, with a favorable report, as amended. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Represen- 
tatives : 

H. B. 1916 House of Representatives 

April 3, 1974 

Mr. President: 

Pursuant to your request, we are returning H. B. 1916, "a bill to be 
entitled an act to amend G. S. 20-81.1 relating to special plates for amateur 
and Class D citizen radio stations," for your further consideration. 

Respectfully, 

Grace Collins 
Principal Clerk 

Upon motion of Senator Kirby, the vote by which the bill passed its third 
reading is reconsidered. Upon motion of Senator Kirby, the vote by 

which the bill passed its second reading is reconsidered. Upon motion 

of Senator Kirby, the bill is re-referred to the Committee on Calendar. 

CONFERENCE REPORT 

H. B. 1613, Senate amendment for H. B. 1613 

Senator Deane, for the Conferees appointed to consider the differences 
arising between the Senate and House of Representatives upon the Senate 
amendment for H. B. 1613, "a bill to clarify and expand the provisions of 
Chapter 85B concerning the licensing and regulation of auctioneers and 
apprentice auctioneers," submits the following report: 



392 SENATE JOURNAL [Session 

To the President of the Senate and the Speaker of the House of Rep- 
resentatives: 

We, your Conference Committee, appointed to consider and resolve the 
differences between the two Bodies on the Senate amendment for House Bill 
1613, "a bill to be entitled an act to clarify and expand the provisions of 
Chapter 85B concerning the licensing and regulation of auctioneers and 
apprentice auctioneers" wish to report that they have agreed as follows: 

That the Senate recede from the Senate amendment introduced by Senator 
Deane and that this amendment be rejected by both Houses. 

This 4th day of April, 1974. 

Charles B. Deane, Jr. 
J. Reid Poovey 
Herman A. Moore 
Conferees for the Senate 

Claude DeBruhl 

Craig La wing 

James C. Green 

Conferees for the House of 

Representatives 

Upon motion of Senator Deane, the Conference Report is adopted and a 
message is ordered sent to the House of Representatives informing that 
Honorable Body of such action. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 

follows: 

S. J. R. 646, Committee Substitute for S. B. 646, a joint resolution author- 
izing and directing the Department of Natural and Economic Resources to 
study the feasibility of including a segment of the South Fork of the New 
River as part of the Natural and Scenic Rivers System. Upon motion 

of Senator Staton, the Committee Substitute joint resolution is adopted 
and remains on the Calendar. 

S. B. 1059, Committee Substitute for S. B. 1059, a bill to revise the North 
Carolina Anti-Obscenity statute. Senator Mullins offers an amendment 

which is adopted. Senator Mullins offers a second amendment which 

is adopted. Senator Somers offers an amendment which is adopted. 

The Committee Substitute bill, as amended, passes its second and third 
readings and is ordered engrossed and sent to the House of Representatives. 

S. B. 1079, Committee Substitute for S. B. 1079, a bill to amend General 
Statute 20-85 to increase the fee for a certificate of title from one dollar 
($1.00) to two dollars ($2.00), upon third reading. The Committee Sub- 

stitute bill passes its third reading and is ordered sent to the House of 
Representatives. 



1974] SENATE JOURNAL 393 

S. B. 1337, Committee Substitute for S. B. 1337, a bill to require news- 
papers to print replies where they attack a person's character or his record 
of public service. Upon motion of Senator Godwin, consideration of 

the Committee Substitute bill is postponed until Tuesday, April 9. 

S. B. 1439, a bill to amend General Statute 20-188 to provide that inspec- 
tors of the enforcement and theft bureau of the Department of Motor 
Vehicles shall have the arrest powers of members of the Highway Pa- 
trol. The bill passes its second reading. Upon objection of 
Senator Webster to its third reading, the bill remains on the Calendar. 

S. B. 1462, a bill to amend Chapter 6, Private Laws of North Carolina 
1840-1841, as amended, pertaining to acquisition and construction of hospital 
facilities by trustees of Rex Hospital, Raleigh, North Carolina, upon second 
reading. Upon motion of Senator Bob L. Barker, consideration of the 

bill is postponed until Friday, April 5. 

S. B. 1463, Committee Substitute for S. B. 1463, a bill to amend Chapter 
18A to allow the importing of wines approved by the United States Bureau 
of Alcohol, Tobacco and Firearms. Passes its second and third read- 

ings and is ordered sent to the House of Representatives. 

S. B. 1465, a bill relating to the game laws in Pender and Duplin Counties, 
as amended, upon third reading. The bill, as amended, passes its third 

reading and is ordered engrossed and sent to the House of Representatives. 

S. B. 1466, a bill to exempt the North Carolina State Ports Authority 
from the provisions of Article 3 of Chapter 143 of the General Statutes in 
selling its railroad equipment. Passes its second and third readings 

and is ordered sent to the House of Representatives. 

S. B. 1467, a bill to amend General Statute 62-119(3) as the same relates 
to radio common carriers. Passes its second and third readings and is 

ordered sent to the House of Representatives. 

S. B. 1475, a bill to amend Chapter 163 of the General Statutes to set a 
date by which absentee ballots for voting in primary elections must be 
made available. Passes its second and third readings and is ordered 

sent to the House of Representatives. 

H. B. 904, Committee Substitute for H. B. 904, a bill to amend Chapter 
44A of the General Statutes relating to a model payment and performance 
bond, upon second reading. The Committee Substitute bill passes its 

second reading by roll-call vote, ayes 36, noes 0, as follows: Those 

voting in the affirmative are: Senators Alford, Allen, Bob L. Barker, Robert 
J. Barker, Blanchard, Butner, Crawford, Deane, Folger, Godwin, Hardison, 
Harrington, Horton, Hughes, Kincaid, Kirby, Knox, Mauney, Mills, Moore, 
Mullins, Murrow, Poovey, Rauch, Rountree, Saunders, Scott, Sharpe, Lyn- 
wood Smith, McNeill Smith, Somers, Staton, Webster, White, Wilkie, Wil- 
liamson — 36. The Committee Substitute bill remains on the Calendar. 

H. B. 1054, Committee Substitute for H. B. 1054, a bill to rewrite General 
Statute 36-47, relating to establishment of common trust funds. Upon 



394 SENATE JOURNAL [Session 

motion of Senator Gudger, consideration of the Committee Substitute bill 
is postponed until Friday, April 5. 

H. B. 1055, a bill to enable a fiduciary to hold bank holding company 
stock where the instrument authorizes retention of stock of a bank that is 
now part of the holding company. Upon motion of Senator Gudger, 

consideration of the bill is postponed until Friday, April 5. 

H. B. 1059, Committee Substitute for H. B. 1059, a bill to change the date 
of exemption from examination for licenses by practicing plumbing and 
heating contractors to December 31, 1973. Upon motion of Senator 

Allsbrook, consideration of the Committee Substitute bill is postponed until 
Monday, April 8. 

H. B. 1076, a bill to establish procedures for the conduct of proceedings 
before administrative agencies and to establish a code of administrative 
regulations. Upon motion of Senator Kirby, consideration of the bill 

is postponed until Monday, April 8. 

H. B. 1443, a bill to amend General Statute 1-69.1 to allow partnerships 
to be sued or to sue by their common name. Upon motion of Senator 

Coleman, consideration of the bill is postponed until Monday, April 8. 

H. B. 1465, a bill to make technical changes in General Statute 163 
relating to elections, as amended, upon third reading. The bill, as 

amended, passes its third reading and is ordered sent to the House of Rep- 
resentatives for concurrence in the Senate amendments. 

H. B. 1571, a bill amending General Statute 7A-307 relating to the cost 
of court in the administration of an estate. Upon motion of Senator 

Knox, consideration of the bill and pending amendment is postponed until 
Monday, April 8. 

H. B. 1648, Committee Substitute for H. B. 1648, a bill to amend the 
Workmen's Compensation Act regarding medical treatment. Senator 

Mauney moves that the Committee Substitute bill be re-referred to the 
Committee on Calendar. Senator Knox moves that the motion to 

re-refer the Committee Substitute bill do lie upon the table, which motion 
fails to prevail. Senator Rhyne makes a substitute motion that the 

Committee Substitute bill do lie upon the table, which motion prevails. 

H. B. 1946, a bill authorizing the Department of Agriculture to control 
and eradicate the animal disease known as equine infectious anemia, upon 
third reading. The bill passes its third reading and is ordered enrolled. 

H. B. 1974, a bill to validate certain civil proceedings involving guardians, 
upon third reading. The bill passes its third reading and is ordered 

enrolled. 

H. B. 2007, a bill to repeal the privilege tax on manufacturers, producers, 
bottlers and distributors of soft drinks, and to reduce the privilege tax 
on certain soft drink dispensers, upon second reading. The bill passes 

its second reading by roll-call vote, ayes 36, noes 2, as follows: Those 

voting in the affirmative are: Senators Alford, Allen, Allsbrook, Bagnal. 



19741 SENATE JOURNAL 395 

Bahakel, Robert J. Barker, Blanchard, Britt, Crawford, Deane, Godwin, 
Gudger, Hardison, Harrington, Henley, Horton, Hughes, Kincaid, Kirby, 
Knox, Mauney, Mills, Mullins, Poovey, Raynor, Royall, Saunders, Scott, 
Sharpe, Lynwood Smith, Staton, Strickland, Webster, White, Wilkie, Wil- 
liamson — 36. Those voting in the negative are: Senators Coleman, 
Taylor — 2. The bill remains on the Calendar. 

H. B. 2040, a bill to classify property of veterans, Masonic, and other 
fraternal and civic and charitable orders and organizations for ad valorem 
tax purposes, upon second reading. Upon motion of Senator Moore, 

the Committee amendment, held not to be material, is adopted. Senator 

Horton offers an amendment, held not to be material, which is adopted. 
The bill, as amended, passes its second reading by roll-call vote, ayes 36, 
noes 2, as follows: Those voting in the affirmative are: Senators Al- 

ford, Allsbrook, Bob L. Barker, Robert J. Barker, Blanchard, Britt, Butner, 
Coleman, Crawford, Deane, Folger, Garrison, Gudger, Hardison, Henley, 
Horton, Kirby, Mauney, Mills, Moore, Mullins, Rauch, Raynor, Rhyne, 
Rountree, Royall, Saunders, Lynwood Smith, McNeill Smith, Stallings, 
Staton, Taylor, Webster, White, Wilkie, Williamson — 36. Those voting 

in the negative are: Senators Poovey, Sharpe — 2. The bill, as 

amended, remains on the Calendar. 

H. B. 2077, a bill to amend Chapter 657 of the 1973 Session Laws author- 
izing the issuance of three hundred million dollars ($300,000,000) in bonds 
of the State to provide funds for public school facilities with respect to the 
allocation of the proceeds of said bonds, upon second reading. The bill 

passes its second reading by roll-call vote, ayes 37, noes 0, as follows: 
Those voting in the affirmative are: Senators Alford, Allen, Bob L. Barker, 
Robert J. Barker, Blanchard, Butner, Crawford, Deane, Folger, Garrison, 
Godwin, Hardison, Harrington, Horton, Hughes, Kincaid, Kirby, Knox, 
Mauney, Mills, Moore, Mullins, Murrow, Poovey, Rauch, Rountree, Saunders, 
Scott, Sharpe, Lynwood Smith, McNeill Smith, Somers, Staton, Webster, 
White, Wilkie, Williamson — 37. The bill remains on the Calendar. 

Upon motion of Senator Allen, the Senate adjourns to meet tomorrow at 
8:30 A.M. 



ONE HUNDRED FIFTY-FIFTH DAY 

Senate Chamber, 
Friday, April 5, 1974. 

The Senate meets pursuant to adjournment and is called to order by 
Lieutenant Governor James B. Hunt, Jr. 

Prayer is offered by Representative Daniel T. Lilly of Lenoir County. 

Senator Allen for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 



396 SENATE JOURNAL [Session 

The President grants leaves of absence to Senators Rauch and Rhyne 
for today. 

H. B. 1059, Committee Substitute for H. B. 1059, a bill to change the date 
of exemption from examination for licenses by practicing plumbing and 
heating contractors to December 31, 1973. Upon motion of 

Senator Allsbrook, the rules are suspended, and the Committee Substitute 
bill is taken from the Calendar for Monday, April 8, and placed on today's 
Calendar. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of Secretary of 
State: 

S. B. 933, an act to provide for the establishment of liquor stores in the 
Town of Calabash, and for the distribution of the proceeds from the 
operation of liquor stores. 

S. B. 1122, an act to ratify, approve, confirm and validate all proceedings 
taken by the governing boards of units of local government in connection 
with the authorization of bonds of said units. 

H. B. 747, an act to provide for annexation by cities of areas not con- 
tiguous to the corporate limits upon unanimous petition of the property 
owners in such areas. 

H. B. 1752, an act to amend General Statute 105-304 to make clear where 
certain tangible personal property is to be listed for taxation and to amend 
and clarify the Statutes relating to the valuation of the property of public 
service companies. 

H. B. 1892, an act to amend Chapter 398, Session Laws of 1959, redefining 
the corporate limits of the Town of Forest City in Rutherford County. 

H. B. 1909, an act to add Cabarrus County to the provisions of Article 
9B of Chapter 44 of the General Statutes relating to attachment or garnish- 
ment and lien for ambulance services in certain counties. 

H. B. 1921, an act relating to fees collectible by the Board of Pharmacy. 

H. B. 1951, an act to annex to the City of Concord all territory lying 
within its outermost boundaries and not previously annexed or incorporated. 

H. J. R. 2052, a joint resolution honoring the life and memory of Margaret 
Baggett Dolan. 

H. B. 2070, an act to extend the corporate limits of the Town of Oriental. 

H. B. 2088, an act to amend Chapter 910 of the 1971 Session Laws of 
North Carolina being the charter of the City of Gastonia in Gaston County. 

H. B. 2102, an act to amend Chapter 262, 1967 Session Laws, relative to 
the compensation provided to members of the Vance County Board of 
Education. 



1974] SENATE JOURNAL 397 

H. B. 2103, an act providing for the nomination and election of the mem- 
bers of the Reidsville City Board of Education. 

H. B. 2106, an act to ratify, confirm and validate the election held to 
incorporate the Town of Pine Knoll Shores pursuant to Chapter 265, Session 
Laws of 1973. 

H. B. 2123, an act to authorize supplemental compensation for full-time 
employees of the City of Fayetteville permanently disabled as the result 
of criminal assault in performance of official duty. 

H. B. 2132, an act relating to the letting of contracts and the purchase 
of motor vehicles by the City of Winston-Salem. 

H. B. 2139, an act to extend the corporate limits of the Town of Bayboro. 

H. B. 2140, an act to provide for the nomination and election of members 
of the Wayne County Board of Education. 

H. B. 2141, an act to alter the boundary lines of the Kinston Graded School 
District to reduce the area encompassed thereby. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their 
titles, together with the reports accompanying them, and take their place 
on the Calendar, as follows: 

By Senator Scott, for the Committee on Appropriations: 

S. B. 583, a bill to provide for the financing of regional health planning, 
with an unfavorable report as to bill, favorable as to Committee Substitute 
bill. Upon motion of Senator Scott, the rules are suspended, and the 

Committee Substitute bill is placed on the Calendar for today. 

S. B. 974, a bill to appropriate funds to implement the Coastal Area 
Management Act of 1974, with a favorable report, as amended. Upon 

motion of Senator Scott, the rules are suspended, and the bill is placed on 
today's Calendar. 

S. B. 975, a bill to appropriate funds to implement the Mountain Area 
Management Act of 1974, with a favorable report, as amended. Upon 

motion of Senator Scott, the bill is placed on the Calendar for Monday, 
April 8. 

S. B. 1019, a bill to amend General Statute 135-1, relating to retirement 
system service credit for certain civilian employees of the National Guard, 
with a favorable report, as amended. Upon motion of Senator Scott, 

the rules are suspended and the bill is placed on today's Calendar. 

S. B, 1046, a bill appropriating funds for the establishment of the Thomas 
Wolfe Memorial as a State historical site, with a favorable report, as 
amended. Upon motion of Senator Scott, the rules are suspended, and 

the bill is placed on today's Calendar. 



398 SENATE JOURNAL [Session 

S. B. 1054, a bill to establish a uniform solicitorial retirement system, with 
a favorable report, as amended. Upon motion of Senator Scott, the 

rules are suspended, and the bill is placed on today's Calendar. 

S. B. 1089, a bill to amend General Statute 74-172 to raise the authorized 
maximum salary for magistrates, with a favorable report. Upon mo- 

tion of Senator Scott, the rules are suspended, and the bill is placed on 
today's Calendar. 

S. B. 1153, a bill to provide credit for local governmental employees as 
recommended by the Interim Appropriations Subcommittee on Retirement 
Systems Study as directed by Resolution 91 ratified May 18, 1973, with a 
favorable report. Upon motion of Senator Scott, the rules are sus- 

pended, and the bill is placed on today's Calendar. 

S. B. 1154, a bill to provide credit for teachers and State employees as 
recommended by the Interim Appropriations Subcommittee on Retirement 
Systems Study as directed by Resolution 91 ratified May 18, 1973, with a 
favorable report, as amended. Upon motion of Senator Scott, the rules 

are suspended, and the bill is placed on today's Calendar. 

S. B. 1155, a bill to provide increased disability and cost-of-living benefits 
to retired members of the Teachers' and State Employees' Retirement 
System as recommended by the Interim Appropriations Subcommittee on 
Retirement Systems Study as directed by Resolution 91, ratified May 18, 
1973, with a favorable report, as amended. Upon motion of Senator 

Scott, the rules are suspended, and the bill is placed on today's Calendar. 

S. B. 1156, a bill to provide increased disability and cost-of-living benefits 
to retired members of the Local Governmental Employees' Retirement Sys- 
tem as recommended by the Interim Appropriations Subcommittee on Re- 
tirement Systems Study as directed by Resolution 91 ratified May 18, 1973, 
with a favorable report, as amended. Upon motion of Senator Scott, 

the rules are suspended, and the bill is placed on the Calendar for today. 

S. B. 1168, a bill to provide funds for research studies on soybean 
physiology and management, and research studies and extension education 
on soybean diseases and nematodes, with a favorable report. Upon 

motion of Senator Scott, the rules are suspended, and the bill is placed 
on today's Calendar. 

S. B. 1189, a bill to provide for the employment of an agricultural exten- 
sion area livestock specialist to work in the northwest North Carolina area, 
with a favorable report, as amended. Upon motion of Senator Scott, 

the rules are suspended, and the bill is placed on the Calendar for today. 

S. B. 1197, a bill to provide an additional appropriation to the State Board 
of Education over that recommended by the Advisory Budget Commission 
for certain budget items of the State public school fund, with an unfavorable 
report as to bill, favorable as to Committee Substitute bill. Upon 

motion of Senator Scott, the rules are suspended, and the Committee Sub- 
stitute bill is placed on today's Calendar. 



1974] SENATE JOURNAL 399 

S. B. 1216, a bill to amend Chapter 108 of the General Statutes relating 
to the financing of programs of financial assistance and programs of social 
services, with an unfavorable report as to bill, favorable as to Committee 
Substitute bill. Upon motion of Senator Scott, the rules are suspended, 

and the Committee Substitute bill is placed on today's Calendar. 

S. B. 1238, a bill to establish equal educational opportunities in the public 
schools; and for other purposes, with an unfavorable report as to bill, 
favorable as to Committee Substitute bill. Upon motion of Senator 

Scott, the rules are suspended, and the Committee Substitute bill is placed 
on today's Calendar. 

S. B. 1243, a bill to establish the North Carolina Council on State and 
Local Government, with a favorable report. Upon motion of Senator 

Scott, the rules are suspended, and the bill is placed on today's Calendar. 

S. B. 1247, a bill to create a program to improve perinatal health care in 
this State and to provide funds to improve the facilities and services re- 
lated to prenatal care delivery and newborn care, with an unfavorable report 
as to bill, favorable as to Committee Substitute bill. Upon motion of 

Senator Scott, the rules are suspended, and the Committee Substitute bill 
is placed on today's Calendar. 

S. B. 1248, a bill to make appropriations to the Division of Mental Health 
Services, Department of Human Resources, to provide for four pilot model 
area mental health programs, with an unfavorable report as to bill, favor- 
able as to Committee Substitute bill. Upon motion of Senator Scott, 
the rules are suspended, and the Committee Substitute bill is placed on 
today's Calendar. 

S. B. 1250, a bill to amend General Statute 127-30.1 relating to National 
Guard pensions, with a favorable report, as amended. Upon motion of 

Senator Scott, the rules are suspended, and the bill is placed on today's 
Calendar. 

S. J. R. 1268, Committee Substitute No. 2 for S. J. R. 1268, a joint resolu- 
tion creating the Commission on Sentencing, Criminal Punishment and Re- 
habilitation, with a favorable report, as amended. Upon motion of 
Senator Scott, the rules are suspended, and the Committee Substitute No. 2 
bill is placed on today's Calendar. 

S. B. 1283, a bill to appropriate funds to the Crime Study Commission, 
with a favorable report, as amended. Upon motion of Senator Scott, 

the rules are suspended, and the bill is placed on today's Calendar. 

S. B. 1293, a bill to amend Chapter 523 of the 1973 Session Laws with 
respect to a wholly self-liquidating project, with a favorable report. 
Upon motion of Senator Scott, the rules are suspended, and the bill is 
placed on today's Calendar. 

S. B. 1294, a bill to amend Chapter 693 of the 1971 Session Laws with 
respect to a wholly self-liquidating project, with a favorable report. 



400 SENATE JOURNAL [Session 

Upon motion of Senator Scott, the rules are suspended, and the bill is 
placed on today's Calendar. 

S. B. 1295, a bill to amend Chapter 755 of the 1969 Session Laws with 
respect to a wholly self-liquidating project, with a favorable report. 
Upon motion of Senator Scott, the rules are suspended, and the bill is 
placed on today's Calendar. 

S. B. 1296, a bill to authorize the financing and construction of an addi- 
tion to the original School of Dentistry building at the University of North 
Carolina at Chapel Hill, with a favorable report. Upon motion of 

Senator Scott, the rules are suspended, and the bill is placed on today's 
Calendar. 

S. B. 1297, a bill to authorize the financing and construction of a renova- 
tion of the Wright Building at East Carolina University, with a favorable 
report. Upon motion of Senator Scott, the rules are suspended, and 

the bill is placed on today's Calendar. 

S. B. 1298, a bill amending Chapter 907 of the 1971 Session Laws to 
provide change only with respect to a self-liquidating addition to the 
Student Center at the University of North Carolina at Charlotte, with a 
favorable report. Upon motion of Senator Scott, the rules are sus- 

pended, and the bill is placed on today's Calendar. 

S. B. 1309, a bill to appropriate funds to the Division of Social Studies 
for development of an elementary school law education project in the public 
schools, with a favorable report. Upon motion of Senator Scott, the 

rules are suspended, and the bill is placed on today's Calendar. 

S. B. 1346, a bill to amend Chapter 523 of the 1973 Session Laws to pro- 
vide change only with respect to a wholly self-liquidating capital improve- 
ment project at East Carolina University, with a favorable report. 
Upon motion of Senator Scott, the rules are suspended, and the bill is 
placed on today's Calendar. 

S. B. 1362, a bill to authorize and provide direct grants to economic 
opportunity agencies, with an unfavorable report as to bill, favorable as 
to Committee Substitute bill. Upon motion of Senator Scott, the rules 

are suspended, and the Committee Substitute bill is placed on today's 
Calendar. 

S. B. 1372, a bill to authorize the development of a bicycle and bikeway 
program in the State of North Carolina, with a favorable report, as 
amended. Upon motion of Senator Scott, the rules are suspended, and 

the bill is placed on today's Calendar. 

S. B. 1382, a bill to create a permanent legislative commission on children 
with special needs, with a favorable report. Upon motion of Senator 

Scott, the rules are suspended, and the bill is placed on today's Calendar. 

S. B. 1469, a bill to amend Chapter 722 of the 1971 Session Laws with 
respect to a partially self -liquidating project, with a favorable report. 



1974] SENATE JOURNAL 401 

Upon motion of Senator Scott, the rules are suspended, and the bill is 
placed on today's Calendar. 

By Senator Kirby, for the Committee on Calendar: 

S. B. 1384, a bill to amend General Statute 20-7 relating to learners' 
permits, with a favorable report. 

S. B. 1443, a bill to amend General Statute 115-10 as it relates to the per 
diem compensation of members of the State Board of Education, with a 
favorable report. 

S. B. 1464, a bill to clarify insanity with respect to adoption of minor 
children, with a favorable report. 

S. J. R. 1479, a joint resolution creating a study commission to evaluate 
the State Textbook Commission, with a favorable report. 

H. B. 1355, a bill to amend Chapter 18A of the General Statutes so as to 
clarify such Statute, with a favorable report. 

H. B. 1516, Committee Substitute for H. B. 1516, a bill to amend the 
General Statutes relating to medical and disability benefits for teachers and 
State employees, with a favorable report. 

H. B. 1592, a bill making it unlawful to reproduce for profit recorded 
sounds without the consent of the owner, with a favorable report, as 
amended. 

H. B. 1599, Committee Substitute for H. B. 1599, a bill to provide that 
visually handicapped persons shall be granted preference in the operation of 
vending facilities on State property, with a favorable report. 

H. B. 1611, Committee Substitute for H. B. 1611, a bill to rewrite Chapter 
35, Article 7, of the General Statutes entitled